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The Petroleum (Wholesale, Storage, Retail And Consumer Installation

Operations)
GN. No. 380 (Contd.)

GOVERNMENT NOTICE No. 380 published on 3/08/2018

THE PETROLEUM ACT,


(CAP. 392)
____

RULES
_____
(Made under section 259 (1))
_____

THE PETROLEUM (WHOLESALE, STORAGE, RETAIL AND CONSUMER INSTALLATION


OPERATIONS) RULES, 2018

ARRANGEMENT OF RULES

PART I
PRELIMINARY PROVISIONS

1. Citation.
2. Application.
3. Interpretation.

PART II
APPLICATION FOR A CONSTRUCTION APPROVAL

4. Application for construction approval.


5. Application to be accompanied by fee.
6. Grant of construction approval.
7. Duration of construction approval.
8. Notice of commencement.
9. Suspension and revocation of construction approval.

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PART III
LICENSING PROCEDURES

10. Duty to obtain licence.


11. Power to enter and close facility, building or premises.
12. Licensing requirements.
13. Application for licence.
14. Evaluation and publication of licence application.
15. Grant of licence.
16. Duration of licence.
17. Application for transfer of licence.
18. Change of name.
19. Change of shareholding structure.
20. Application for renewal of licence.
21. Suspension or revocation of licence.

PART IV
GENERAL OBLIGATIONS OF A WHOLESALER

22. General obligations.


23. Protection of lives and property.
24. Compensation for loss suffered.
25. Procurement of petroleum product.
26. Insurance.
27. Maintenance of records, provision and disclosure of information.

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28. Obligation to provide information to NPGIS.


29. Information obtained under these Rules not be confidential.
30. Customer service standards.

PART V
ENVIRONMENTAL PROTECTION

31. Compliance with environmental laws and standards.


32. Sanctions for violation of environmental laws.

PART VI
TECHNICAL PROVISIONS

33. Hospitality arrangements.


34. Compliance with specifications and standards.
35. Manhole covers to be colour coded.
36. Forecourt design.
37. Location of dispensing pumps.
38. Earth bonding and installation electronic Fiscal Pump Printer (EFPP).
39. Maintenance of oil interceptors.
40. Building designs and canopies.
41. Electrical standby generator.
42. Petroleum price billboards.
43. Warning signs.
44. Fire precaution.
45. Control of petroleum product spill.
46. Decommissioning procedure.

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47. Site restoration.

PART VII
PETROLEUM SAMPLING AND TESTING PROCEDURES
(a) Sampling Process

48. Sampling to be done in accordance with law.


49. Preliminaries to sampling.
50. How samples will be taken.
51. Sample collection form to be signed.
52. Supervisor or driver to witness and facilitate sampling Exercise.

(b) Testing Procedures

53. Maintenance of list of qualified laboratories.


54. Re-testing process.
55. Right to witness a re-test.

(c) Procedure on Inspection of a Regulated Facility or Transport Unit

56. Procedure for inspection of regulated facility or transport unit.

(d) Procedure on Impoundment of a Transport Unit

57. Procedure for impounding transport unit.


58. Release of impounded transport unit.
59. Exemption from liability.

(e) Procedure for Non-conforming Products

60. Penalies for non-conforming products.

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61. Regulated facility to which licence has been revoked.


62. Transport Unit which has been de registered.
63. Temporary closure of facility or impounding of transport unit.
64. Reference to Tanzania Revenue Authority.

(f) Procedure on Re-opening or De-quaranting of a Regulated Facility

65. Procedure on re-opening or de-quaranting of regulated facility.


66. Penalties for tampering, cutting seals and tapes or removing signage.

PART VIII
COMPLIANCE AND ENFORCEMENT

67. Inspection of facility.


68. Notification of offence.
69. Refusal to sign notification of offence.
70. Issuance of compliance orders.
71. Power to enter and close facility, building or premises.
72. Obligation of inspectors during inspections.
73. Prohibited acts against inspectors.

PART IX
GENERAL PROVISIONS

74. Appeal.
75. Revocation of GN No. 281 of 2010, 168, 451 and 452of 2015.
76. Authority to supplement procedures as needed.

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The Petroleum (Wholesale, Storage, Retail And Consumer Installation
Operations)
GN. No. 380 (Contd.)

GOVERNMENT NOTICE No. 380 published on 3/08/2018

THE PETROLEUM ACT,


(CAP. 392)
____
RULES
_____
(Made under section 259(1))
_____

THE PETROLEUM (WHOLESALE, STORAGE, RETAIL AND CONSUMER INSTALLATION


OPERATIONS) RULES, 2018

PART I
PRELIMINARY PROVISIONS

Citation 1. These Rules may be cited as the Petroleum


(Wholesale, Storage, Retail and Consumer Installation
Operations) Rules, 2018.

Application 2.These Rules shall regulate the activities related to


petroleum wholesale business, petroleum storage business,
petroleum retail operations business, petroleum consumer
installation operations and related matters in Mainland Tanzania
but shall not apply to petroleum retail business in villages and
small towns.

Interpretation 3. In these Rules, unless the context otherwise requires-


Cap. 392 “Act” means the Petroleum Act;
“applicable law” means any principal law, treaty, convention,
proclamation, regulation, rule, order or by-law that is in
force in Tanzania and which is relevant to matters
pertaining to the regulation of petroleum wholesale
business and petroleum retail business;
“approved specification” means any specification or standard in
relation to a petroleum product applied by the Authority
Cap. 130 and is approved by the Tanzania Bureau of Standards
pursuant to the Standards Act, or any other standards
that are widely used for petroleum industry best
practices;

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“Authority” means the Energy and Water Utilities Regulatory


Cap 414 Authority established under the EWURA Act;
“bulk quantity” means a single lot of not less than two hundred
litres of a petroleum product;
“COCO” which stands for “company owned company operated”
means an arrangement where a retail outlet is owned and
operated by the same company;
“CODO” which stands for “company owned dealer operated”
means an arrangement where a retail outlet is owned by
a company be it a wholesaler or not but operated by a
separate dealer and includes an arrangement where a
natural person owns a retail outlet but lets it to a dealer;
“Commission” means the Fair Competition Commission
Cap. 285
established under the Fair Competition Act;
“complaint” means a written or oral statement comprising of the
facts of a matter or act complained of, related to a
licensed activity, that invokes the regulatory power or
jurisdiction of the Authority, and specifying the relief
sought;
“complainant” means a person that has filed a complaint with the
Authority pursuant to these Rules;
“conforming products” means a petroleum product that meets the
approved specifications;
“consumer installation facility” means a building, a storage tank,
dispensing pump or piping that an operator employs for
the purpose of dispensing a petroleum product into own
or hired petroleum products consuming equipment or
own or hired vehicle;
“consumer installation licence” means a licence issued by the
Authority authorising a person to conduct consumer
installation facility;
“consumer installation licensee” means the holder of a consumer
installation licence;
“consumer installation operations” means activities necessary to
operate a consumer installation facility and includes all
activities in respect of such facility and any activity
reasonably required in connection with obtaining,
handling, possession, storage and dispensing of a
petroleum product at such facility;
“Council” means the National Environment Management
Cap. 191
Council established under the Environmental

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Management Act;
“compliance order” means an order issued by the Authority
pursuant to section 39 of the EWURA Act;
“dangerous situation” means a situation involving a petroleum
product that-
(a) endangers the safety or health of a person, or the
safety of a person’s property; or
(b) creates an immediate risk of significant
environmental harm;
“dealer” means the operator of a retail outlet;
“depot” means a petroleum storage facility that has been
constructed and meets the specifications prescribed
under these Rules and TBS Standard TZS 1113:2009 in
respect of which wholesale business or petroleum
storage business is carried out and it includes buildings,
storage tanks, pipelines, pump house, loading gantry and
firefighting systems;
“driver” means any person who is in command of a transport
unit;
“DODO” which stands for “dealer owned dealer operated”
means an arrangement where a retail outlet is owned and
operated by the same dealer;
Cap. 414 “EWURA Act” means the Energy and Water Utilities
Regulatory Authority Act;
“habitual offender” means a licensee who has been found with
non-conforming products for more than two times within
a licence period;
“incident” means-
(a) an event that involves a leakage of a petroleum
product from a storage facility;
(b) a spill of a petroleum product as a result of
dispensing or offloading activities provided that,
such spillage is not less than two hundred litres;
(c) death or personal injury occurring as a consequence
of an action that is related to a regulated activity;
(d) a fire or an event incidental thereto that results from
an action that is related to a regulated activity;
(e) an event that results in an emergency shutdown of a

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facility; and
(f) any other significant event that may adversely affect
the conduct of a regulated activity;
“inspector” means an officer or agent of the Authority appointed
to perform inspection as required under the Act and
applicable law;
“licence” means an authorisation issued by the Authority to
undertake a regulated activity;
“licensee” means the holder of a licence;
“licence fee” means a fee payable by a licensee as prescribed by
the Authority from time to time;
“Minister” means the Minister responsible for petroleum affairs;
“non- conforming products” means a petroleum product that
does not meet the approved specifications;
“notification of offence’ means the notification prescribed in the
First Schedule;
“NPGIS” means the National Petroleum and Gas Information
System established under section 124 of the Act;
“operator” means a person operating a consumer installation
facility, a dealer, a retailer, a wholesaler or person
responsible for the management and monitoring of a
facility;
“petroleum” means petroleum crude and any liquid or gas made
from petroleum crude, coal, schist, shale, tree, peat or
any produce of petroleum crude and includes
condensate;
“petroleum industry best practices” means any conduct related to
a petroleum product intended to preserve product quality
and meets generally accepted health, safety and
environmental requirements;
“petroleum product” means an organic compound, pure or
blended, which is derived from the refining or
processing of petroleum crude oils, bio-fuels, or
synthetic fuels and includes-
(a) asphalts, bitumen, petroleum coke and other residual
product;
(b) bunkers or heavy residual fuel oils for combustion
engines or industrial heat processes, such as burners

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for boilers or heating furnaces;


(c) commercial gases which include methane, ethane,
propane, butane and other similar petroleum gases,
biogas or mixture of these gases, whether in gaseous
or liquefied state;
(d) gasoil or automotive diesel, biodiesel, industrial
marine diesels or synthetic diesel;
(e) gasoline, bio-naphtha or a bio-ethanol product;
(f) kerosene or other similar oils for illumination or
combustion applications;
(g) lubricating oils, base oil or refined and blended
finished oil;
(h) turbo fuels for jet propulsion engines; and
(i) other products or by-products of petroleum crude
processing having a flash point lower than 120
degrees celsius, and determined in a Pensky-Martens
Closed Cup (PMCC) test apparatus;
“petroleum product spill” means the discharge of a petroleum
product of not less than two hundred litres onto or into
any land or water or any structure or thing;
“regulated activity” means a wholesale business, petroleum
storage business, retail business or consumer installation
operations;
“regulated facility” means a depot, consumer installation facility
or a retail outlet in relation to a petroleum product;
“retail outlet” means any place where a petroleum product is sold
or offered for sale to a customer on a retail basis, and
includes the buildings, storage tanks and dispensing
pumps in respect of which a retailer is conducting retail
sale;
“retail business” means sale or offer for sale of a petroleum
product at a retail outlet;
“retailer” means an operator of a retail outlet;

“Sample Collection Forms” means the document issued by the


Authority as appended in the Second Schedule that is to
be completed by an inspector during the collection of a

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sample;
“supervisor” means an operator or other person responsible for
the management and monitoring of a facility and is
deemed to be authorised to-
(a) grant an inspector access to a facility, answer
questions and witness the taking of samples and the
carrying out of inspections; and
(b) identify physical defects and operational deficiencies
within the facility and, as required, take decisions
related to the suitability of such facility for use;
“storage business” means an endeavour to operate a depot;
“Tanzania Revenue Authority” means the revenue authority
Cap. 399
established under the Tanzania Revenue Authority Act;
“transport unit” means any car, machinery, ship, truck, railway
wagon, barge or other means of transporting a petroleum
product;
“Tribunal” means the Fair Competition Tribunal established
Cap. 285
under the Fair Competition Act;
“wholesaler” means an operator or any person who engages in
the importation, storing or selling of a petroleum product
in bulk quantity for the purpose of wholesale business;
and
“wholesale business” means the importation, storing or selling of
a petroleum product in bulk quantity and includes transit
trade in petroleum products.

PART II
APPLICATION FOR A CONSTRUCTION APPROVAL

Application for 4.-(1) A person shall not construct a depot, a retail outlet
construction
approval or consumer installation facility without seeking and obtaining
an approval from the Authority in a manner provided herein.
(2) Any person who intends to construct a depot, a retail
outlet or a consumer installation facility shall apply to the
Authority for a construction approval by filling in the application
form set out in the Third Schedule.
(3) Any person who constructs a depot, a retail outlet or
consumer installation facility without seeking and obtaining a
construction approval from the Authority commits an offence
and shall, on conviction, be liable to a fine of not less than

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twenty million Tanzania Shillings or imprisonment for a term of


not less than three years but not exceeding five years or both.

Construction 5. An application for a construction approval under rule


approval
application fee 4 (2) shall be accompanied by a non-refundable application fee
as may be prescribed by the Authority.
Grant of 6.- (1) The Authority shall, upon receipt of an
construction
approval application under rule 4, proceed to evaluate the application and
decide whether to grant or deny the application.
(2) The Authority shall, while making a decision
whether to grant or deny a construction approval, consider the
compliance of the application with-
(a) the provisions of rule 4 (2);
(b) land use laws save for consumer installation;
(c) health and safety standards and environmental
requirements; and
(d) economic viability of the business.
(3) The Authority shall cause the construction approval
to be published in the Gazette as required by section 128 of the
Act.
(4) The applicant shall, after issuance of an approval by
the Authority, be notified to come and collect the approval.
(5) The Authority shall, where it denies an application
for a construction approval, inform the applicant of such decision
in writing, including the reasons thereof.

Duration of 7.-(1) A construction approval issued by the Authority


construction
approval under rule 6 shall remain in force for such period as the
Authority may allow.
(2) A construction approval shall cease to have effect
where the holder of the said approval fails to commence
construction within twenty four months from the date of grant.
(3) The Authority may, on its own motion or upon
receipt of an application by a holder of a construction approval
extend the duration of the construction approval for such period
as it may think fit.

Notice of 8. Any person with a construction approval shall notify


commencemen
the Authority on the commencement of construction within thirty

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t days prior to the commencement of such construction.

Suspension 9. – (1) The Authority may, by notice in the Gazette, amend,


and revocation
of construction withdraw or suspend a construction approval provided that, such
approval withdrawal or suspension is a result of non-compliance of the
Act, these Rules, applicable laws or any of the terms and
conditions thereof.
(2) Where the Authority intends to withdraw, suspend,
revoke or amend a construction approval it shall, at least twenty
one days before the date of intended withdrawal, revocation,
suspension or amendment, notify the holder of such approval of
its intention and the reasons thereof.
(3) The Authority may, by notice in the Gazette, reinstate a
construction approval withdrawn, revoked, amended or
suspended under subrule (1) if satisfied that the reasons for the
withdrawal, revocation, amendment or suspension no longer
exist.

PART III
LICENSING PROCEDURES

Obligation to 10.-(1) A person shall not conduct a regulated activity


obtain licence
without a licence.
(2) The Authority shall only issue a consumer
installation licence to-
(a) a commercial or industrial undertaking;
(b) a Government store;
(c) an agricultural farm;
(d) a mine; or
(e) any other entity having a contract with institutions
mentioned in (a) to (d) above to supply petroleum
products to those institutions.
(3) Any person who contravenes the provisions of this
rule commits an offence and shall be liable on conviction, to a
fine of not less than twenty million shillings or to imprisonment
for a term of not less than two years but not exceeding five years
or to both.

Power to enter 11. Notwithstanding any provision in these Rules, the

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and close Authority shall, in the event it determines that any person has
facility,
building or contravened the provisions of rule 10, enter upon any building,
premises premises or facility and close it down.

Licensing 12.–(1) A person shall not be issued with a wholesale


Requirements
licence unless the applicant meets the following requirements-
(a) possession of a storage depot or hospitality
agreement with another licensee;
(b) possession of adequate skilled personnel; and
(c) proof of financial capability which is either-
(i) an audited financial statement showing
annual gross turnover of not less than three
billion and six hundred million shillings or
equivalent in convertible currency;
(ii) a bank guarantee or a credit facility of not
less than one billion and five hundred
million shillings or equivalent in convertible
currency;
(iii) a bank statement for a period of not more
than three months to the date of application
showing a credit balance of not less than one
billion and five hundred million shillings or
equivalent in convertible currency at a bank
or financial institution licensed by the Bank
of Tanzania to act as such; or
(iv) an unequivocal letter of comfort from a
financial institution or a bank that confirms
that the bank or the financial institution shall
extend a facility to the applicant for the
amount of not less than one billion and five
hundred million shillings or equivalent in
convertible currency provided that the letter
shall be signed by the chief executive officer
or an authorised signatory of the financial
institution or a bank.

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(2) Notwithstanding the provisions of sub rule (1), an


applicant may rely on the financial capability of its parent
company provided that, such departure shall be approved by the
Board of Directors of such parent company.
(3) A person shall not be issued with a retail licence
unless the applicant meets the following requirements-
(a) possession of relevant authorisation to the
ownership and use of the land approving the
development of a retail outlet; and
(b) proof of possession of adequate and serviced fire
extinguishing equipment including-
(i) sand bucket for each pump island;
(ii) at least two fire extinguishers of 9 kg ABE
Powder Type located near the dispensers or
at least one extinguisher per pump island;
and
(iii) emergency shutoff switch.
(4) Notwithstanding the general requirements in these
rules, no person shall be issued with a petroleum storage licence
unless the applicant meets the following requirements-
(a) possession of a storage depot that meets the
approved specification;
(b) possession of relevant authorisation to the
ownership and use of the land approving the
development of a petroleum bulk storage facility;
and
(c) possession of adequate skilled personnel.
(5) Notwithstanding the generality of subrule (1) and
(3), the Authority may issue a wholesale licence or a retail
licence with specific conditions to be fulfilled within a
prescribed time to an applicant who fails to meet some of the
requirements in subrule (1) and (3) respectively.

Application of 13. – (1) An applicant for a licence shall apply to the


licence
Authority for a licence by filling in the appropriate application

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form set out in the Fourth Schedule.

(2) An application for a licence shall be accompanied by a duly


signed integrity pledge in the form set out in the Fifth Schedule,
a tax clearance certificate and a non-refundable application fee
as may to be prescribed by the Authority.

Evaluation and 14.-(1) The Authority shall evaluate an application for


publication of
application licence to verify its completeness and legality of information
contained therein and thereafter issue a notice of the application
in at least two newspapers of wide circulation in Tanzania, one in
English and another in Kiswahili, with a view to soliciting
comments and representations on the application.
(2) The costs of publication of notice under subrule (1)
shall be borne by the Authority.
(3) The public shall be invited to submit comments and
representations within fourteen days from the date of publication
of the notice and the comments and representations shall also be
considered by the Authority in arriving at the decision on the
application.

Grant of 15.-(1) The Authority may, upon consideration of an


licence
application for a licence-
(a) grant the application and issue a licence;
(b) deny the application; or
(c) refer back the application to the applicant.
(2) The Authority shall, while making a decision to grant
or deny a licence, take into consideration-
(a) the licensing requirements set out under rule 12;
(b) compliance to laws on land ownership and use save
for consumer installation;
(c) any objection or representation received from the
public pursuant to rule 14;
(d) the applicant’s record of compliance with the Act,
these Rules and other applicable laws;
(e) economic efficiency and benefit to the applicant and

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the public in general;


(f) compliance of a facility on matters including-
(i) safety requirements;
(ii) health requirements;
(iii) security requirements;
(iv) handling of hazardous substances;
(v) environment requirements; and
(g) any other matter relevant to the orderly conduct of a
regulated activity in Tanzania.
(3) The Authority may deny issuing a licence where it
determines that-
(a) the applicant does not meet the requirements of
subrule (2) of this rule;
(b) the applicant’s activities may not be conducted in
accordance with safety, health and environment
requirements; or
(c) the application has violated the mandatory
requirements provided under applicable law and the
Act.
(4) After issuance of a licence, the applicant shall be
notified to come and collect it upon payment of a licence fee.
(5) The Authority shall, where it denies an application
for a licence, inform the applicant of such decision in writing,
including the reasons thereof.

Duration of 16. - (1) The licence shall be valid for a term of five
licence
years.
(2) Notwithstanding subrule (1), the Authority may,
upon a written application by a licensee, extend the period for
the licence.
(3) The Authority may revoke a licence of any licensee
who fails to conduct the regulated activity for a period of six
consecutive months during the licence term.

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(4) Any licensee whose licence has been revoked


pursuant to the provisions of subrule (3) shall not be eligible for
issuance of another licence for a period of twelve months
following the date of revocation.

Application for 17.-(1) A licence shall not be assigned or transferred to


transfer of
licence another person without a written approval of the Authority.
(2) A person who intends to transfer or assign a licence
shall apply to the Authority by filling in the application form set
out in the Sixth Schedule which shall be accompanied by a non-
refundable fee as may be prescribed by the Authority.
(3) Notwithstanding the provisions of subrule (1), an
application for a transfer or assignment of a licence shall not be
entertained by the Authority unless it is endorsed by the
transferee or assignee.
(4) The Authority shall evaluate an application under
subrule (2) to verify its completeness and legality of information
contained therein and thereafter issue a public notice of the
application in at least two newspapers of wide circulation in
Tanzania, one in English and another in Kiswahili, with a view to
soliciting comments and representations on the application.
(5) The costs for publication of the notice shall be borne
by the Authority.
(6) The public shall be invited to submit comments and
representations within fourteen days from the date of publication
of the notice and the comments and representations shall be
considered by the Authority in arriving at the decision on the
application.
(7) The Authority shall, after the expiration of the notice
in subrule (4), evaluate the application together with comments
received, if any and make a decision whether to grant or deny the
application for transfer or assignment as the case may be.

Change of 18. – (1) A licensee may change its name pursuant to the
name
provisions of these Rules and applicable law.
(2) A licensee who has changed the name in respect of
which a licence was issued shall, within thirty days after such
change, notify the Authority in writing, and such notice shall be
accompanied by a certificate of change of name issued by a
relevant authority.

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Change of 19.-(1) A change of ownership that makes a third party a


shareholding
structure majority shareholder of a company in respect of which a licence
has been issued shall require the written approval of the
Authority.
(2) The party seeking approval under sub rule (1) shall
submit the following documents in support of his application-
(a) a duly signed and stamped deed of share transfer;
(b) the current shareholding structure approved by
Business Registration and Licensing Agency;
(c) a letter of no objection from Tanzania Revenue
Authority to carry on the proposed business;
(d) a letter of clearance from the Commission; and
(e) a duly signed integrity pledge set out in the Fifth
Schedule.
(3) The Authority may, before approving the application
for change in shareholding structure consult the Commission and
the Tanzania Revenue Authority.

Application for 20.-(1) A licensee who wishes to renew a licence shall,


renewal of
licence not less than six months before expiration of the licence term,
apply to the Authority for a renewal of the licence.
(2) Application for a renewal of a licence as provided
under subrule (1) shall be made by filling in the application form
set out in the Seventh Schedule.
(3) The application in sub rule (2) shall be accompanied
by-
(a) a tax clearance certificate; and
(b) for a wholesaler, petroleum products importation
records of the licence due to expire.
(4) The Authority shall, while making a decision
whether to grant or deny an application for renewal of a licence,
consider the applicant’s compliance to the Act, these Rules and
terms and conditions of the licence which is due to expire.
(5) The Authority shall, in the event it denies an
application for renewal of a licence, inform the applicant of such
decision in writing, including the reasons thereof.

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(6) The Authority shall not renew the licence of a


licensee who has, during the term of the licence which has
expired or is due to expire, failed to comply with the licence
terms and conditions, refused or willfully neglected to comply
with any order given by the Authority and failed to remedy any
acts which are in contravention of the Act or these Rules up to
the time of determining the application.

Suspension or 21.-(1) The Authority may suspend or revoke a licence


revocation of
licence for a period of twelve months where a licensee-
(a) violates any of the provisions of this Act or
conditions attached to the licence which affects the
conduct of regulated activity;
(b) obtained a licence by fraud or deliberate submission
of false information or statements;
(c) fails to comply with obligations conferred within the
terms stated in the licence;
(d) persistently fails to comply with the approved local
content plans;
(e) interrupts services to other users without
authorisation of the Authority;
(f) carries on business in a manner that is detrimental to
the welfare or interest of other users;
(g) violates the tariffs, rates and charges established by
the Authority;
(h) persistently fails or refuses to submit information to
the NPGIS;
(i) fails to comply with the applicable health,
safety, service, quality or environmental standards,
or any other additional standards as may be stated in
the licence; or
(j) is convicted or found guilty of an offence relating to
corruption, money laundering, economic crimes

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or tax evasion.
(2) The Authority shall not suspend or revoke a licence,
unless a twenty-one days’ notice of intention to suspend or
revoke the said licence has been issued to a licensee.
(3) Notwithstanding the provisions of subrule (1), the
Authority may waive the licence suspension or revocation if it is
satisfied that a licensee has abstained from the act that caused the
suspension or revocation and the reason for suspension or
revocation no longer exists.

PART IV
GENERAL OBLIGATIONS OF LICENSEES

General 22. A licensee shall at all times-


obligations
(a) comply with-
(i) the Act;
(ii) these Rules;
(iii) any applicable law;
(iv) orders and directions of the Authority;
(v) provisions related to local content as
provided in the Act and regulations
made by the Minister;
(vi) applicable codes and standards on
safety, hazardous substances, security,
health and environment; and
(vii) petroleum industry best practices;
(b) establish and maintain records pursuant to the
applicable law and orders and directions of the
Authority;
(c) and as soon as practicable, but in any case not later
than twenty-four hours after the event, notify the
Authority of the occurrence of a dangerous situation
or incident within a facility and such notification
shall comprise of the steps taken or proposed to be

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taken by a wholesaler to remedy such dangerous


situation or incident or to eliminate or minimize any
danger arising therefrom;
(d) provide the Authority with full access to its records,
documents, sites and assets pursuant to these Rules
and applicable law;
(e) ensure the safe disposal of any petroleum product
and waste oil;
(f) procure and maintain in force a valid insurance
cover in respect of all liabilities that may arise from
the conduct of its regulated activity;
(g) avoid keeping fireworks or any other instruments or
products in or near a facility that might pose a risk
of fire or otherwise;
(h) ensure that its petroleum products comply with the
approved specifications;
(i) avoid decommissioning a facility otherwise than
pursuant to these Rules and applicable law;
(j) ensure that a supervisor is present at a facility at all
times, and in his absence any person employed or
acting as an agent of a licensee at a facility shall
perform the duties of a supervisor;
(k) prior to effecting any major replacement or
maintenance to a facility or a part thereof, notify the
Authority not less than fourteen days prior to
commencing such replacement or installation;
(l) ensure that a facility and related equipment are
calibrated for correct measurements and are in good
working condition in accordance with approved
specifications and petroleum industry best practices;
(m) pursuant to the written directions of the Authority,
monitor, record and reconcile all stocks of a
petroleum product delivered to, stored in and

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dispensed from a facility and retain such records for


not less than twelve months and make the same
available to the Authority on demand;
(n) prepare a weekly stock position of a petroleum
product in a facility as shall be specified in writing
by the Authority where necessary;
(o) promptly notify the Authority of any apparent loss
or gain of a petroleum product that is outside normal
operating patterns;
(p) maintain and make available to the Authority on
demand documentary evidence demonstrating that
all electrical equipment and installations in a facility
relevant to the receipt, handling, storage and
dispensing of a petroleum product and to areas
where inflammable gases or vapours capable of
producing explosive or ignitable mixtures may
occurs, comply with approved specification and
installation procedures in accordance with existing
codes or applicable law;
(q) avoid abandoning a facility other than in accordance
with the Act, these Rules, applicable laws or
directions of the Authority;
(r) display in a conspicuous place at a facility a licence
or a certified copy thereof;
(s) print a licence number on all accounting documents
employed in its regulated activity, including
invoices, delivery notes and receipts;
(t) refrain from engaging in any activities that may
disrupt or interfere with competition; and
(u) and as soon as practicable, but in any event not later
than thirty days after becoming aware of the fact,
notify the Authority-
(i) of inability to conduct the regulated

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activity; or
(ii) if the conduct of the regulated activity
may lead to the breach of any of these
Rules or materially affect its operations.
(2) Notwithstanding the provisions of subrule (1)-
(a) a wholesaler shall, at all times-
(i) sell a petroleum product only to a retailer,
consumer installation licensee or a
Government institution:
Provided that a wholesaler may, as per the terms
and conditions agreed upon, enter into a borrow
or loan arrangement with other wholesalers; and
(ii) ensure that the storage facilities are
inspected and cleaned at least once in the
licence term in accordance with petroleum
industry best practices;
(b) a retailer shall, at all times-
(i) ensure that its storage facilities are inspected
and cleaned at least once in the licence term
in accordance with petroleum industry best
practices;
(ii) not offload a petroleum product from any
vehicle to a retail outlet from 1800 hours to
0600 hours unless there is adequate lighting
or light at the retail outlet; and
(iii) procure a petroleum product only from a
wholesaler and establish and maintain
records of such procurement pursuant to
applicable law and orders and directions of
the Authority; and
(c) a consumer installation licensee shall, at all times-
(i) refrain from engaging in sale of any

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petroleum product;
(ii) ensure that a petroleum product is not
dispensed from a place other than from a
dispensing point situated at a consumer
installation facility; and
(iii) procure a petroleum product from a
wholesaler or a retailer only.

Protection of 23. - (1) A licensee shall, while storing, keeping,


lives and
property handling, conveying, using or disposing of any petroleum
product, take such precautions and exercise such care as may be
reasonable under the circumstances in order to-
(a) avoid endangering the safety or health of any person
or the safety of any person’s property; and
(b) prevent risk of significant environmental harm.
(2) A licensee shall dispose of waste petroleum product
in a manner and at a place intended for the safekeeping and
dumping of such products in accordance with applicable law and
petroleum industry best practices.
(3) A licensee shall appoint at least one health, safety
and environment officer to address and be responsible for health,
safety and environment matters and obligations related to the
regulated activity.

Compensation 24.–(1) A licensee shall be obliged to compensate any


for loss
suffered person who has suffered any loss as a result of the regulated
activity.
(2) Any person who has suffered loss as a result of a
regulated activity shall lodge a complaint with a licensee whose
regulated activity has caused such loss with a view to reaching
an amicable settlement.
(3) Where event no settlement is reached under subrule
(2), the person who has suffered loss may refer the matter to the
Authority for determination and the Authority shall deal with
such matter as if it is a complaint lodged pursuant to the
provisions of the EWURA Act.
(4) For the purpose of this rule, a person includes an
administrator, executor or executrix of the estate of a deceased

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person.

Procurement of 25. A wholesaler shall not import petroleum product


petroleum
product unless the importation is conducted through efficient
G.N. No. procurement pursuant to the provisions of the Petroleum (Bulk
198 of 2017 Procurement) Regulations.

Insurance 26. A licensee shall ensure that it procures and maintain


adequate insurance cover for environment, personnel, customers
and visitors of a facility.

Maintenance of 27. - (1) A licensee shall-


records,
provision and
disclosure of (a) at all times keep complete and accurate records and
information
data related to its regulated activity; and
(b) in accordance with the Authority’s requirements and
pursuant to its directions, promptly provide to the
Authority documents, records or information related
to its regulated activity.
(2) Any person who refuses to furnish information or
statement as required under subrule (1) (b) or furnishes false
information or statement to the Authority shall be liable on
conviction to a fine of not less than ten million Tanzania
Shillings or to imprisonment for a term of not less than two years
or both.

Obligation to 28. – (1) A wholesaler shall lodge to the NPGIS the


provide
information to following information-
NPGIS
(a) petroleum products stock levels on daily basis;
(b) petroleum supply by type and use, quantity and
region on monthly basis;
(c) petroleum importation by type, quantity and source
on monthly basis;
(d) petroleum exportation by type, quantity and
destination, on monthly basis; and
(e) petroleum products in transit by type, quantity and

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destination on monthly basis.

(2) A wholesaler shall lodge the information under


subrule (1), either through internet or short message services
(sms).
(3) A wholesaler who fails or refuses to provide
information to the NPGIS as required by subrule (2) commits an
offence and its licence may be subject to suspension or
revocation pursuant to rule 21.

Information 29.-(1) Any information received by the Authority from


obtained under
these Rules not a licensee pursuant to these Rules and applicable law shall be
to be presumed not to be confidential unless so stated by a licensee
confidential and the Authority shall evaluate such information and inform the
licensee accordingly.
(2) A licensee shall not be entitled to withhold
information from the Authority on the ground that it is
confidential.
(3) A licensee may request the Authority not to circulate
specific data or information that has been provided to the
Authority, provided that only the Authority shall determine if
such information is confidential.
(4) The Authority shall prohibit the publication of any
information to the public where it makes a determination that
such information is confidential.

Customer 30. Subject to approval by the Authority and as specified


service
standards in the guidelines issued by the Authority, a wholesaler or retailer
shall-
(a) establish-
(i) a customer service charter;
(ii)service quality standards;
(iii) performance standards;
(iv) procedures for handling customers complaints;
(v) programmes to inform the public on services
related issues;

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(vi) an office to receive and respond to questions,


concerns and complaints related to its business;
and
(b) maintain trained staff to address customer issues in a
timely and transparent manner.

PART V
ENVIRONMENTAL PROTECTION

Compliance 31. - (1) A licensee shall comply with the requirements


with
environmental of all applicable environmental laws and standards related to a
laws and facility.
standards
(2) Subject to applicable law a licensee shall-
(a) carry out an environmental impact assessment
before establishing a facility or making a major
improvement to an existing facility;
(b) take all necessary preventive measures to avoid
pollution resulting from operating its dispensing
pumps, transfer pumps, storage tanks or other
equipment at the facility.;
(c) observe strict environmental, health, and industrial
safety standards as required by applicable law; and
(d) perform an environmental audit related to regulated
activity in accordance with applicable law.
(3) For the purpose of subrule (2) (a), “major
improvement” means an improvement that aims at expanding the
size of a facility and increasing the number of storage tanks.

Sanctions for 32. Where the event the Authority determines that a
violation of
environmental licensee has violated these Rules or any applicable law on
laws matters related to protection of the environment it shall take
Cap. 191 appropriate actions pursuant to provisions of the Environmental
Management Act and other applicable laws.

PART VI
TECHNICAL PROVISIONS

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Hospitality 33.-(1) A person who intends to undertake petroleum


arrangements
wholesale business may request a depot owner to enter into a
hospitality arrangement to use the said depot to conduct a
wholesale business, provided that, the said depot is licensed
pursuant to the provisions of these Rules.
(2) A depot owner shall, within thirty days after receipt
of a written request for a hospitality arrangement from any
person pursuant to subrule (1), notify such person whether it has
accepted or denied such request.
(3) A depot owner may refuse a request for a hospitality
arrangement made by any person pursuant to subrule (2) where
the request made is not economically or technically feasible.
(4) Where a depot owner denies a request for a
hospitality arrangement pursuant to subrule (3) it shall give
reasons in writing to the applicant.
(5) A person who is aggrieved by the refusal of a depot
owner under subrule (3) and (4) may refer the matter to the
Authority for decision.
(6) Subject to subrule (7), no licence of a wholesaler
who has entered into a hospitality arrangement with a licensee
shall be invalidated by virtue of the suspension or revocation of
the licence of such licensee.
(7) Where a depot is closed due to suspension or
revocation of a licence, any wholesaler with a hospitality
arrangement with a licensee of a closed facility shall be given
three months to find another hospitality arrangement, failure of
which shall render its licence cease to have effect.

Compliance 34. - (1) A licensee shall comply with the approved


with
specifications specifications pertaining to the handling, storage and
and standards composition of a petroleum product which is consistent with
these Rules and applicable law.
(2) A licensee shall not deviate from any approved
specification without prior approval of the Authority, and the
Authority shall not grant such an approval unless it is satisfied
that such deviation is for public interest and will not negatively
affect public safety and the environment.
(3) A licensee shall not mix or blend any petroleum
product unless allowed to do so in writing by the Authority.
(4) A licensee shall not use any container to store or
convey a petroleum product unless such container is leak and

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spill proof and otherwise suitable and safe for storage and
conveyance of a petroleum product.
(5) A licensee shall not use a container for storing a
petroleum product which poses or may pose a risk of significant-

(a) environmental harm; or


(b) harm with regard to the safety or health of any
person or flora and fauna.

Manhole 35. A retailer shall, in order to facilitate identification,


covers be
colour coded especially during product deliveries into underground storage
tanks, ensure that tanks manhole covers and slabs are colour
coded as follows-
(a) gasoline - red
(b) kerosene - blue
(c) automotive gas oil - yellow

Forecourt 36. A retailer shall ensure that the forecourt of a retail


design
outlet is carefully designed to enable a customer to get on and off
the refueling area safely and rapidly and to take maximum
opportunity to use add-on facilities such as convenience shops,
lube or wash bay, vulcanising center, tyre alignment, air, water
and balancing facilities.

Location of 37. – (1) A retailer shall ensure that all dispensing


dispensing
pumps pumps at a retail outlet are properly located to allow-
(a) full visibility of dispensing pumps to approaching
customers;
(b) full visibility of dispensing pumps from the
manager’s office for security as well as overall
control but where this cannot be achieved due to
design constraints, Closed Circuit Television
(CCTV) shall be used; and
(c) easy access to pumps and avoid tight turning circles
or the need for maneuvering to approach refueling

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positions.
(2) A retailer shall ensure that-
(a) the forecourt or drive ways of a retail outlet are
constructed using concrete, pavement blocks or
asphalt with a provision made for a level bay to
allow for accurate measurements of received
petroleum products; and
(b) fueling and offloading areas of a retail outlet are
constructed out of hard surface or concrete to protect
the soil from oil spills.

Earth bonding 38. A retailer shall ensure it installs and maintain-


and installation
of Electronic (a) the offloading area with earth bonding wire; and
Fiscal Pump
Printer (EFPP) (b) the dispensing pumps with Electronic Fiscal Pump
Printer (EFPP) as required by the applicable law.

Maintenance of 39.-(1) A retailer shall always ensure that a retail outlet


oil interceptors
has oil interceptors.
(2) The fueling area and discharge for the drainage
system shall be connected to the retail outlet oil interceptor.
(3) A retailer shall ensure that the hydrocarbon content
in effluent from the oil interceptor does not exceed 100 parts per
million (ppm).

Building 40.-(1) A retailer shall ensure that all buildings at a retail


designs and
canopies outlet are designed and constructed to allow safe cash handling
system, drop safes, night time pay windows and are fitted with
adequate number of security cameras at areas with high security
risks.
(2) A retailer shall ensure that canopies at the retail
outlet are constructed using non-combustible materials and are
above hazardous areas related to dispensing equipment and have
a minimum height of five meters from forecourt finish level.
(3) A retailer shall ensure that illumination provided at a
retail outlet is good enough to allow clear visibility for operation
and security purposes at night.
(4) A retailer shall ensure that every luminary installed

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at a retail outlet is protected from explosion.

Electrical 41.-(1) A stand by electrical power generator with a


standby
generator capacity that matches the retail outlet’s electrical power
requirements shall be installed to provide power to cover
operations, security and lighting in cases of power outages or
black-outs.
(2) A retailer shall ensure that an emergency switch is
installed on all sites to cut-off power supply to all dispensing
pumps in case of emergency situation including oil spill and fire.

Petroleum 42. – (1) A petroleum price billboard shall be erected


price billboards
conspicuously at a retail outlet as a free standing structure or as
part of the prime sign with the minimum dimensions of-
(a) length - 2.0 meters
(b) breadth - 1.2 – 1.5 meters
(c) thickness - 0.2 meters
(2) The base of the billboard shall not be less than 3.0
meters high from ground level.
(3) The prices of all petroleum products on offer for sale
at a retail outlet shall be displayed on the billboard and the unit
price of each petroleum product shall appear in Tanzania
Shillings per litres.
(4) The nature of the billboard may include neon or
electronic messaging, provided that the prices are clearly legible
to all motorists approaching a retail outlet from a minimum
distance of fifty meters.

Warning signs 43. -(1) Warning notices and pictograms shall be boldly
displayed at a regulated facility to communicate to customers,
visitors and attendants as follows-
(a) Petroleum Motor Spirit, Highly Inflammable;
(b) No Smoking;
(c) No Naked Fire;
(d) Switch Off Engine;
(e) Switch Off Mobile Phones; and

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(f) No Firearms within eight metres from dispensing


and offloading area.
(2) The notices and pictograms described in subrule (1)
shall be installed in the vicinity of a dispensing pump,
underground tanks, filling points and vent pipes and shall be
conspicuous from a distance of three to five meters.
(3) A retailer shall ensure that an underground tank’s
identification includes the following-
(a) tank number;
(b) maximum working capacity;
(c) product grade; and
(d) colour code.

Fire precaution 44. - (1) A licensee shall-

(a) ensure that all buildings, roads, structures and plants


used in connection with a facility are designed,
constructed, equipped and maintained-
(i) in such a way as to prevent fires and
explosions;
(ii) so as to minimize the harmful effects of
fires or explosions if they occur;
(b) ensure that personnel involved in the handling and
dispensing of a petroleum product exercise caution
in respect of anything that may cause fire or an
explosion, and that such personnel follow applicable
law on matters related to fire and explosions; and
(c) clearly indicate by a sign a place at a facility where a
petroleum product is handled or stored.
(2) A licensee shall make reasonable efforts to ensure
that no person throws, leaves or creates any open or naked light,
spark, flame or any burning or smoldering material on a facility.
(3) A licensee shall ensure that no person-

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(a) keeps an engine running while a petroleum product


is being loaded into a vehicle; and
(b) receives or makes calls from a cellular telephone or
any other electronic communication apparatus
within a regulated facility except in places
specifically designated for such activity.
(4) A licensee shall take adequate precautions to prevent
the outbreak of fire when storing, keeping, handling, conveying,
using or disposing of a petroleum product.
(5) A licensee shall provide adequate fire extinguishing
equipment and maintain such equipment in good working
condition in accordance with these Rules, applicable law and
standards and pursuant to directions issued by the Authority.
(6) A licensee shall-
(a) position the equipment described in subrule (5) in
accessible places at a facility; and
(b) in any event, not less than once a year, test the
equipment described in subrule (5) pursuant to
applicable law.
(7) A licensee shall establish a fire emergency plan to be
employed in the event of a fire at a facility that shall-
(a) include a suitable and adequate fire-fighting plan
that comprises of-
(i) the locations and types of all fire-fighting
equipment; and
(ii) an action plan that identifies, inter alia,
assembly points and the tasks of all
employees;
(b) include provisions for the training of employees to
deal with a fire emergency situation, the records of
which shall be preserved;
(c) be provided to employees employed in or on the
relevant premises; and

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(d) be made available to the Authority on request.

Control of 45. - (1) A licensee shall, in the event of a petroleum


petroleum
product spill product spill-
(a) as soon as practicable and in any event not more
than twenty four hours after the occurrence of such
spill, inform the Authority about such spill; and
(b) take all necessary steps pursuant to the provisions of
Cap 191
the Environmental Management Act and petroleum
industry best practices or otherwise as may be
necessary to clean up such spill.
(2) Where a licensee fails to comply with subrule (1) (b)
within the period of time established by the Authority, the
Authority may, by written notice, order such a licensee to take
steps as the Authority may require in order to clean up a
petroleum product spill at its own cost.
(3) A licensee who fails to comply with an order of the
Authority issued pursuant to subrule (2) commits an offence and
shall on conviction, be liable-
(a) in the case of an individual, to a fine of not less than
one hundred million Tanzania Shillings or to
imprisonment for a term of not less than ten years or
both; or
(b) in the case of a body corporate, to a fine of not less
than five hundred million Tanzania Shillings.
(4) Without prejudice to the provisions of subrules (1),
(2) and (3), any person who is affected by any spill of a
petroleum product and seeks redress, shall lodge a complaint
with a licensee that has caused such spill with a view to reaching
an amicable settlement.
(5) Where no settlement is reached under subrule (4), the
person who is affected by the spill may lodge a complaint to the
Authority for compensation from the licensee who is responsible
Cap 414
for the spill and the Authority shall deal with such complaint in
accordance with the provisions of Part VI of the EWURA Act.

Decommissioni 46.–(1) A regulated facility may, subject to the


ng procedure

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provisions of the Act and these Rules, be decommissioned-


(a) after receipt of a written application for a
decommissioning from a licensee;
(b) by an order of the Authority where it is satisfied that
such facility has been abandoned by its licensee for
a period of not less than three months; or
(c) by an order of the Authority that the same be
decommissioned where the Authority is satisfied
that the continued operation of such facility poses or
may pose danger to lives and property.
(2) A licensee or the owner of a facility shall, within one
year from the date of complete construction of the facility or
grant of a licence whichever comes first, submit to the Authority
for approval a decommissioning plan substantiating the
following-
(a) bill of quantity of the planned decommissioning
approved by a registered quantity surveyor; and
(b) the intended methods to be used during
decommissioning.
(3) The Authority shall, within forty five days from the
date of receipt of the plan submitted in sub rule (2), approve the
plan with such conditions as it may deem fit.
(4) The licensee or owner as the case may be, shall
within two years from the date of effective operation, pay a
decommissioning fund to the Authority and the same shall be
kept in trust by the Authority for the purpose substantiated in sub
rule (1).
(5) The fund under sub rule (4) shall be prescribed by
the Authority as per the bill of quantity and any prevailing
condition as the Authority considers necessary.
(6) A licensee seeking to decommission a facility shall
notify the Authority not less than thirty days prior to such
decommissioning in order to enable the Authority to make
necessary inspections and issue the necessary approvals.
(7) Notwithstanding sub rule (4), if the decommissioning
cost exceeds the fund in trust of the Authority, a licensee shall
pay all the extra costs associated with the decommissioning of a

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facility, whether such decommissioning has been done following


a request by the licensee or by order of the Authority.
(8) The licensee or owner as the case may be, shall be
required to update the decommissioning plan in form of
techniques and methods prevailing at a particular time.

Site restoration 47.-(1) The Authority shall, after confirming that the
area where a regulated facility has been constructed has been
restored to its original state by a licensee, issue a certificate of
compliance to such licensee.
(2) For the purposes of subrule (1), “restore” means to-
(a) return the area on which a facility is located to its
original and natural state as it was prior to the
installation of such facility; or
(b) render the area in which a facility is located, or part
thereof, compatible with its intended after-use,
including-
(i) removing buildings, structures, plant and
debris;
(ii) establishing compatible contours and
drainage;
(iii) replacing top soil, re-vegetation, slope
stabilisation; and
(iv) infilling excavations.
(3) The Authority shall, before issuing a certificate of
compliance under subrule (1), consult the Council.

PART VII
PETROLEUM SAMPLING AND TESTING PROCEDURES
(a) Sampling Process

Sampling to be 48.-(1) The Authority shall conduct sampling procedures


done in
accordance in accordance with the Act and these Rules.
with law
(2) The Authority shall, upon receipt of any complaint or
on its own motion, take samples and test any petroleum product
from any regulated facility or a transport unit.
(3) An operator shall ensure that a supervisor is present

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at a regulated facility and transport unit at all times.

Preliminaries 49.-(1) Upon arrival at a regulated facility or a transport


to sampling
unit and having identified themselves, inspectors shall take
samples and deliver to a supervisor or driver, or in their absence,
to any employee working at a regulated facility or a transport
unit the sample collection form.
(2) A supervisor or a driver or in their absence, any
employee working at a regulated facility or a transport unit shall
be required to-
(a) co-operate with inspectors;
(b) comply with any instructions or requests made by
inspectors within their mandate; and
(c) grant inspectors unhindered access to any document,
the regulated facility and the transport unit as may
be appropriate.

How samples 50.-(1) Inspectors shall, in each sampling process, take


will be taken
three samples of any type of a petroleum product from a
regulated facility or a transport unit.
(2) A sample of a petroleum product referred to in
subrule (1) may be taken from-
(a) an above-ground storage tank, either at the top,
middle or bottom;
(b) each compartment in a transport unit;
(c) an underground storage tank, either at the top,
middle or bottom or in the case of a retail outlet,
directly from the dispensing pump nozzle; and
(d) all tanks of the docking ships, either at the top,
middle or bottom.
(3) Petroleum product samples shall only be taken by an
inspector using a container that meets approved specifications.
(4) The Authority shall ensure that each sample taken is-
(a) properly labelled;
(b) witnessed by a supervisor, driver or in their absence

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any other employee and an inspector; and

(c) sealed properly with the seal of the Authority.

Sample 51.-(1) An inspector shall complete a sample collection


collection
forms be form as appropriate that shall then be counter-signed by a
signed supervisor.
(2) Inspectors shall in the event that a supervisor, driver
or, in their absence, any employee working at a regulated facility
or in a transport unit refuses or fails to counter- sign the sample
collection form, note that such supervisor, driver or employee
has failed or refused to sign the form.
(3) An inspector shall, in respect of the samples
described in subrule (1)-
(a) deliver one sample to a supervisor, driver or in
their absence, any employee working at a
regulated facility or a transport unit to be
conserved for possible re-testing;
(b) deliver one sample to one of the laboratories
listed pursuant to rule 53 (1) for testing; and
(c) conserve one sample in the Authority’s storage
facility for possible re-testing.
(4) The Authority shall properly document the chain of
custody of the samples described in subrule (3).

Supervisor or 52.-(1) A supervisor, a driver or in their absence any


driver to
witness and employee working at a regulated facility or the transport unit as
facilitate the case may be shall, during the sampling process-
sampling
exercise
(a) be entitled to witness the entire sampling process;
and

(b) facilitate the sampling process in any way that the


inspectors may require.
(2) Petroleum product samples shall be retained by the
Authority and the operator for not longer than two months after
the date of collection.

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(b) Testing and Re-testing Procedures

Maintenance of 53.-(1) The Authority shall, at all times, maintain a list


list of qualified
laboratories of laboratories qualified to analyse petroleum product samples in
accordance with the approved specifications.
(2) The Authority shall select laboratories in subrule (1)
on the basis of the following criteria-
(a) ability of the laboratory to conduct specific tests
pursuant to the approved specifications;

(b) whether the laboratory is equipped with up-to-date


and calibrated instruments, and supplies consistent
with the scope and volume of tests to be conducted;

(c) laboratory’s reputation in the community on matters


of professionalism and ethical behavior;

(d) information related to the laboratory’s participation


in voluntary accreditation programme and its current
certification status;

(e) ease of communication, particularly in respect of


questions arising; and

(f) timely delivery of test results.


(3) The costs for sampling and testing a petroleum
product shall be borne by the Authority.
(4) The Authority shall, not more than seven working
days after receiving the results from a laboratory, notify the
operator in writing of the results whether conforming or non-
conforming, and it shall thereafter-
(a) take no further action where test results indicate that
a sample conforms to approved specifications;

(b) where the sample is found to be non-conforming,


order the person found with such non-conformity to-
(i) close or quarantine its licensed facility
either in whole or in part;
(ii) dispose or blend the non-conforming

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petroleum product in accordance with


petroleum industry best practices and
environmental laws; or
(iii) compensate any person who has lodged
and proved a complaint for any
damage caused by such non-conforming
petroleum products.

Re-testing 54. - (1) The Authority may, in the event that any person
process
disputes the results under rule 53(4), conduct a re-test of the
samples pursuant to these Rules and the costs of re-testing shall
be borne by the person disputing the first results.
(2) Notwithstanding the provisions of subrule (1), the re-
testing of the samples shall only be done where-
(a) the Authority has received a request in writing for a
re-test;

(b) the seals of the sample to be tested remain intact and


the samples are not tempered with; and

(c) re-test costs have been fully paid by the disputing


person.
(3) Where the Authority decides to re-test a sample, the
Authority shall recover the sample conserved by the operator
pursuant to rule 51(3) (b) and the sample conserved by the
Authority pursuant to rule 51 (3) (c) to be re-tested in two
separate laboratories selected by the Authority pursuant to rule
53 (1); provided however that, no testing shall be conducted by a
laboratory that was involved in the first testing process.

Right to 55. - (1) An operator, a complainant or their


witness re-test
representative shall have the right to witness a re-test.
(2) In the event that an operator, complainant or their
representative refuses or fails to appear for the re-testing
described in subrule (1), such operator, complainant or their
representative shall be deemed to have-
(a) waived its right to witness the re-test; and

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(b) authorised the Authority to proceed with the re-


testing in their absence.
(3) After receipt of the results of the re-testing, the
Authority shall-
(a) make a final determination on the test results from
the two laboratories taking into account the results
of the first test; and

(b) notify the operator or any other person disputing the


results of such determination.
(4) The results of the re-testing process shall be final.

(c) Procedures on Inspection of a Regulated facility or a Transport Unit

Procedure for 56.-(1) An inspector may, at any time, inspect a


inspection of
regulated regulated facility, a transport unit or any document related to the
facility or conduct of a licensed activity to ensure compliance with
transport unit applicable law.
(2) An operator shall render all necessary assistance to
facilitate the inspection of its regulated facility or a transport unit
pursuant to subrule (1).
(3) During inspection, an inspector may-
(a) take a sample of any substance relating to loading,
handling, offloading or delivery of a petroleum
product; or

(b) make a copy or take an extract from any book, data


base, account or record kept at the regulated facility,
transport unit or any other place.
(4) An inspector may, during the course of an inspection,
break any seal for the purpose of taking a sample provided
however that, such inspector shall thereafter affix the Authority’s
seal.
(5) A person shall not offload any petroleum product
from a regulated facility or transport unit which is affixed with
the Authority’s seal without prior authorisation from the
Authority.
(6) The Authority may seek the assistance of law
enforcement authorities, including the police force, in carrying

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out an investigation, inspection or impoundment of a transport


unit.
(7) Any person who contravenes the provisions of rule
56 (2) and (5) commits an offence and shall upon conviction be
liable to a fine of not less than twenty million shillings or to
imprisonment for a term of not less than three years but not
exceeding five years or both.

(d) Procedures on Impoundment of a Transport Unit

Procedures for 57. - (1) An inspector may impound any transport unit
impounding
transport unit where he determines that-
(a) the results are found to be non-conforming and
the products are not yet offloaded; or
(b) continued operation of such transport unit poses
an imminent risk of injury to life or damage to
property and the environment.
(2) The Authority shall affix its seal on any transport
unit after impounding it and no person shall offload any
petroleum product from such transport unit without prior
authorisation of the Authority.
(3) The Authority may seek the assistance of law
enforcement authorities, including the police force, in
impounding a transport unit.
(4) After the Authority has impounded a transport unit
pursuant to subrule (1) it shall, without prejudice to the penalties
spelt out in these Rules and the Act, order the operator to blend
such products in accordance with the petroleum industry best
practices and environmental laws.

Release of 58. - A transport unit which has been impounded under


impounded
transport unit rule 56(1) shall only be released upon the Authority being
satisfied that-
(a) the non-conforming petroleum products therein have
been disposed of or blended in accordance with
petroleum industry best practices and environmental
laws;

(b) Tanzania Revenue Authority has certified in writing


that it has no objection to such release if the matter

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was referred to it pursuant to rule 64;

(c) the operator has paid the appropriate fine pursuant to


these Rules; and

(d) the Authority has issued an order in writing for the


release of such unit.

Exemption 59. Notwithstanding the provisions of rules 58 and 59,


from liability
the Authority shall be exempted from any liability arising from
the impoundment of any transport unit and all the costs
associated with the impoundment and safe keeping of such
transport unit shall be borne by an operator.

(e) Penalties for Non-Conforming Products

Penalties for 60.-(1) An operator found with a non-conforming


non-
conforming petroleum product shall be liable on conviction to a fine of not
products less than five million Tanzania Shillings or to imprisonment for
a term of not less than three years and not more than four years
or both.
(2) Without prejudice to the penalty prescribed in sub
rule (1), the Authority may, where it finds an operator with a
non-conforming petroleum product, order such operator to-
(a) close or quarantine its regulated facility either in
whole or in part;

(b) dispose or blend the non-conforming petroleum


product in accordance with petroleum industry best
practices and environmental laws; and

(c) compensate any person who has lodged and proved


a complaint for any damage caused by such non-
conforming petroleum product.
(3) An operator shall, after receiving an order for closing
or quarantining a regulated facility, comply with such order and
the Authority shall thereupon fix a yellow tape or a signage
around the regulated facility indicating that such facility has
been closed under the order of the Authority.
(4) Notwithstanding the provisions of subrule (1) and
(2), the Authority may-

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(a) revoke a licence of any habitual offender; or


(b) deregister any transport unit which has been found
with non-conforming petroleum product for more
than two times within a registration period.

Regulated 61. Any regulated facility of which a licence has been


facility to
which licence revoked pursuant to rule 61(4) (a) shall-
has been
revoked
(a) for DODO and COCO, remain closed and not be
eligible for issuance of a licence for a period of
twelve months from the date of revocation; and

(b) for CODO, be eligible for issuance of a licence and


continuation of operation by another operator.

Transport unit 62. A transport unit that has been deregistered pursuant
which has been
de-registered to rule 61 (4) (b) shall not be eligible for registration by the
Authority for a period of twelve months from the date of
deregistration.

Temporary 63. The Authority may, upon taking a petroleum product


closure of
facility or sample pursuant to these Rules, order the temporary closure of
impounding of the regulated facility or part thereof or impound a transport unit
transport unit pending release of the test results of the samples taken where-
(a) the Authority determines that continuing the
operations of a regulated facility or the transport unit
will pose an imminent risk of injury to life or
damage to property and the environment;
(b) the Authority finds that several complaints have
been filed with the Authority against the same
operator;
(c) the Authority has obtained provisional results
indicating that the tested petroleum products are
non-conforming; or
(d) the operator admits that the sample petroleum

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products are non-conforming.

Reference to 64. Notwithstanding the provisions of this rule and any


Tanzania
Revenue other penalties prescribed in the Act, the Authority shall refer to
Authority Tanzania Revenue Authority or any other relevant authority any
person found with non-conforming petroleum products where it
believes that there were attempts by such person to defraud the
Government of its revenue.

(f) Procedures on Re-opening or De-quarantining of a Regulated facility

Procedure on 65.-(1) A regulated facility that has been closed or


re-opening or
de- quarantined pursuant to rule 60 (1) shall be reopened or de-
quarantining of quarantined upon the Authority being satisfied that-
regulated
facility
(a) the non-conforming petroleum products therein have
been disposed of or blended in accordance with
petroleum industry best practices and environmental
laws;
(b) the operator has paid the appropriate fine pursuant to
these Rules; and
(c) the Authority has issued an order in writing for a re-
opening or de-quarantining.
(2) For the purpose of subrule (1) (a), a petroleum
product shall be deemed to have been disposed of from a retail
outlet if the inspector certifies in writing that all petroleum
products in such retail outlet have been sold by the time of
closing or quarantining.
(3) The operator shall, upon receipt of an order to reopen
or de-quarantine a regulated facility and under direct supervision
of an inspector, be allowed to remove the yellow tape or signage
indicating that the regulated facility has been allowed to continue
with operations.

Penalties for 66. - Any person who-


tampering,
cutting seals
and tapes or (a) tampers with or cuts a seal or a yellow tape affixed

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removing by the Authority at a regulated facility or a transport


signage
unit; or
(b) removes any signage affixed by the Authority at a
regulated facility or a transport unit,
commits an offence and shall on conviction be liable to a fine of
five million Tanzania Shillings or to imprisonment for a term not
exceeding two years, or to both.

PART VIII
COMPLIANCE AND ENFORCEMENT

Inspection of 67. - (1) The Authority may inspect any regulated


facility
facility, premises, vehicle, equipment, document or vessel with a
view to checking the compliance with the provisions of the Act,
the EWURA Act and these Rules.
(2) The Authority shall have the right of access a
regulated facility, premises, vehicle, vessel, equipment and
documents for purposes of inspection and an operator shall
render assistance to an inspector as may be required in the course
of such inspection.
(3) During inspection, an inspector may-
(a) take samples of any substance or articles stored in
any regulated facility, premises, vessel or vehicle;
(b) make copies or take extracts from any book,
accounts or records kept on a regulated facility,
premises, vessel or vehicle;
(c) inspect machinery, equipment, appliances, meters,
fittings and apparatus; and
(d) inspect any vehicle or vessel that is found at a
regulated facility or premise.

Notification of 68. - (1) At the conclusion of an inspection and where it


offence
Cap. 414 is found that there was violation of the provisions of the Act,
EWURA Act and these Rules, the person responsible for such
violation, shall:
(a) where he disputes the offence, fill in Part A of the
Notification of the Offence as set out in the First
Schedule; or
(b) where he admits the offence, fill in Part B of the

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Notification of the Offences as set out in the First


Schedule.
(2) Where a person who has been found in violation of
the law has admitted to the offence under the provision of
subrule 1 (a), such person shall, within fourteen days from the
date of the said admission, be required to pay the fine prescribed.
(3) Where a person who has been found in violation of
the law disputes the offence under the provision of subrule 1 (b),
such person shall, within seven days from the date of
commission of the offence be-
(a) issued with a compliance order; and
(b) charged with a criminal offence.
(4) Upon the conclusion of the inspection and where the
inspector is satisfied that the continued operation of the transport
unit or a facility poses an imminent danger to the lives of people
and animals or destruction of property, he may proceed to order
for the closure or impoundment, as the case may be, of the said
facility or transport unit regardless of whether the said person
has admitted to the offence or not.
(5) Notwithstanding the provisions of subrule (4), an
inspector who has decided to close a facility or to impound a
transport unit shall note down the reasons which have compelled
him to take such decision including all the available evidences.

Refusal to sign 69. Any person who refuses to sign the Notification of
notification of
offence Offence upon being required by an inspector under rule 69
commits an offence and shall on conviction be liable to a fine of
not less than five million shillings or to imprisonment for a term
of not less than three years or both.

Issuance of 70. The Authority may, while discharging its regulatory


compliance
orders functions and where it finds that there is a continued violation of
the provisions of the Act, the EWURA Act and the provisions of
these Rules, issue a compliance order to the person responsible
for such violation.

Power to enter 71.-(1) Notwithstanding any provision in these Rules, an


and close
facility, inspector shall, with an order from the Authority, have the right
building or and obligation to enter upon any regulated facility, building or
premises premises or transport unit and close it down or impound it as the
case may be where he determines that a regulated activity is

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GN. No. 380 (Contd.)

being conducted in contravention of these Rules.


(2) An inspector may, while discharging his obligations
under subrule (1), seek the assistance of law enforcement
institutions, including the police and such institution shall
provide the requested assistance to the inspector.

Obligations of 72.- (1) During inspection, an inspector shall be required


inspector
during to do the following-
inspection
(a) identify himself to a licensee or customer with an
identity card issued by the Authority;
(b) explain to a licensee or customer the purpose of the
inspection;
(c) conduct himself with fairness, objectivity and
integrity;
(d) refrain from engaging in any form of discrimination,
bias or harassment;
(e) refrain from taking part in duty where they have or
may appear to have conflict of interest;
(f) carry out inspection in a professional manner in
accordance with the requirements of these Rules,
codes, guidelines, inspection checklist, standards,
applicable laws and petroleum industry best
practices; and
(g) refrain from using force or abusive, threatening and
insulting language to a licensee or operator.
(2) Any inspector who contravenes the provision of
subrule (1) shall be dealt with in accordance with the Authority’s
procedures.
(3) Any person aggrieved by an act of an inspector
during inspection may, within fourteen days from the date of the
act, report the matter in writing to the Authority.

Prohibited acts 73. - (1) A licensee shall not-


against
inspectors
(a) hinder or obstruct the Authority in the exercise of
any of the powers conferred upon it under these
Rules;
(b) use abusive, threatening or insulting language to an
employee or agent of the Authority;
(c) deny or fail to comply with a requirement, direction

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or notice of the Authority; and


(d) when required by the Authority to answer a
question, deny or fail to answer such question to the
best of his knowledge, information and belief.
(2) Any person who contravenes the provision of subrule
(1) commits an offence and shall be liable on conviction to a fine
of not less than twenty million shillings or to imprisonment for a
term of not less than five years and not exceeding six years or to
both.

PART X
GENERAL PROVISIONS

Appeal 74. A person who is aggrieved by the decision made by


the Authority under Part II and III of these Rules may lodge an
Cap. 285 appeal to the Tribunal pursuant to the provisions of the Fair
Competition Act.

Revocation of 75. - (1) The Petroleum (Wholesale Operations) Rules,


G.N. Nos.
452 of 2015 the Petroleum (Retail Operations) Rules, the Petroleum
168 of 2015 (Consumer Installation Operations) Rules and the Petroleum
451 of 2015 (Road Transportation) Rules are hereby revoked.
281 of 2010
(2) Notwithstanding the revocation of the Rules referred
to under subrule (1), all orders, exemptions or directives made
or issued or deemed to have been made or issued under those
rules shall be deemed to have been made under these Rules and
shall remain in force until revoked or otherwise expire or cease

to have effect.
(3) The procedure for sampling and testing of petroleum
products related to the regulated activity shall be as provided
under these Rules.

Authority to 76. Where procedures are not provided for in these


supplement
procedures as Rules, the Authority may do whatever is necessary and permitted
needed by law to enable it to effectively and completely adjudicate on
any matter before it.

________

SCHEDULES

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________

FIRST SCHEDULE
_______

(Made under rule 69(1))


________

NOTIFICATION OF OFFENCE

To...............................................................Address..................................................

1. You are charged with the following offence (s):

(a) ........................................................................................................

(b) ........................................................................................................

(c) ........................................................................................................

(d) ........................................................................................................

(e) ........................................................................................................

2. In the event you admit commission of the offence (s) you should
complete “PART B” below and send this notification to the Authority
and pay the statutory penalty for each offence you admit within fourteen
days from the date of service of this notification.
3. In the event you deny commission of the offence (s) you should complete
“PART A” below and send this notification to the Authority.

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4. Penalty for each offence mentioned above shall be as provided for under
the Petroleum Act, Cap. 392, the EWURA Act, Cap. 414 or any other
laws relevant to the conduct of the petroleum wholesale business.

PART “A”- NOTIFICATION OF INTENTION TO ANSWER


CHARGES

I .................................................. of ................................................ (residential or

business address) being the owner director/manager/representative of...................

.................................................................. intend to respond to the Authority/


Court of law on the charge (s)

Nos........................................................set out in Paragraph 1 of this Notification.


Signature: ...............................................

Date: .......................................................

PART “B”- ADMISSION OF OFFENCE

I ............................................................... of ............................. (residential or

business address) being the owner/director/manager/representative of...................

.............................................................. admit to the commission of the offence(s)

No……...........................................set out in Paragraph 1 of this Notification and

I undertake to pay the requisite fine of TZS................................................. within


a period of

fourteen days from the date hereof.

Signature: ...............................................

Date: ....................................................

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FACILITY/VEHICLE/VESSEL DETAILS ISSUED BY

Motor Vehicle Reg. No....................... Name: ....................................................

PWL/PRL/PCIL No. ..................................... Designation: ..............................

Vessel Registration No. ............................. Date: ..........................................

Signature of the person issued with the notification Signature of the


Inspector

............................................................ ............................................................

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________

SECOND SCHEDULE
________
(Made under rule 3)
_______

SAMPLE COLLECTION FORMS

FORM 2.1

PETROLEUM PRODUCT WHOLESALE BUSINESS

DATE: ……………………….. TIME: ……………………

NAME OF THE COMPANY: …………………………………………

DEPOT NAME/LOCATION:

………………………………………………………………………….

PLOT NO. BLOCK: STREET/VILLAGE:


………. ...................... …………………………

DISTRICT…………………………… REGION: ……………………

SAMPLE NO: ……………………

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MOTOR SPIRIT PREMIUM TANK NO. ………….


(UNLEADED)

GAS OIL (DIESEL) TANK NO. …………

IK (ILUMINATING KEROSENE) TANK NO. …………

OTHERS (SPECIFY) TANK NO. …………

EWURA REPRESENTATIVE (S) (NAMES): SIGNATURE:

1. …………………………………………… ………………………………
2. …………………………………………… ………………………………

OPERATOR(S) (NAMES): SIGNATURE:

1. …………………………………………… ………………………………
2. …………………………………………… ………………………………

REMARKS BY INSPECTOR (S)

……………………………………………………………………………………

……………………………………………………………………………………

……………………………………………………………………………………

……………………………………………………………………………………

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FORM 2.2

PETROLEUM RETAIL OPERATIONS BUSINESS

DATE: ……………………….. TIME: ……………………….

NAME OF THE COMPANY: ……………………………………………

PETROL STATION NAME/LOCATION: …………………………….

PLOT NO. BLOCK: STREET/VILLAGE:


………. ...................... …………………………

DISTRICT…………………………… REGION: …………………………

SAMPLE NO: ………………………

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MOTOR SPIRIT PREMIUM TANK NO.


(UNLEADED) PUMP NO. …………
…………

GAS OIL (DIESEL) TANK NO. …………


PUMP NO. …………

IK (ILUMINATING KEROSENE) TANK NO. …………


PUMP NO. …………

OTHERS (SPECIFY) TANK NO. …………


PUMP NO. …………

EWURA REPRESENTATIVE (S) SIGNATURE:


(NAMES):

1. ……………………………………… ………………………………
2. ……………………………………… ………………………………

OPERATOR (S) (NAMES): SIGNATURE:

1. ……………………………………… ………………………………

2. ……………………………………… ………………………………

REMARKS BY INSPECTOR (S)

………………………………………………………………………………………

………………………………………………………………………………………

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FORM 2.3

SAMPLE COLLECTION FORM FOR TRANSPORTERS

DATE: ……………………….. TIME: …………..……

NAME OF THE COMPANY:


………………………………………………………………

TRUCK/WAGON/BARGE NO.:
………………………………………………………………..

VILLAGE…… STREET: ............. WARD:


…………………………….…

DISTRICT………………………… REGION: ……………………………

SAMPLE NO:
……………………………….

MOTOR SPIRIT PREMIUM COMPARTMENT …………


(UNLEADED) NO.

GAS OIL (DIESEL) COMPARTMENT …………


NO.

IK (ILLUMINATING KEROSENE) COMPARTMENT …………


NO.

OTHERS (SPECIFY) COMPARTMENT …………


NO. …

EWURA REPRESENTATIVE (S) (NAMES): SIGNATURE:

1. ……………………………………… ……………………………
……………………………………

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……………………………

OPERATOR(S) (NAMES): SIGNATURE:

………………………………………… ……………………………

…………………………………………… ……………………………

REMARKS BY INSPECTOR (S)


……………………………………………………………………………………
…………
……………………………………………………………………………………
…………
……………………………………………………………………………………
…………

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________

THIRD SCHEDULE
_________

Made under rule 4(2))


_________

CONSTRUCTION APPROVAL APPLICATION FORMS

FORM
3:1

APPLICATION FOR APPROVAL TO CONSTRUCT A PETROLEUM


RETAIL OUTLET

For EWURA Use Only

Date Received: File Number:

Time Received: Received by:

IMPORTANT NOTE: Please complete this form and submit it to the Director
General together with all relevant enclosures.

In order to avoid unnecessary delays, please answer all items in full and submit
to EWURA a complete form with all necessary enclosures. No application will
be processed until it has been found to be complete.

Once complete and ready for submission, FILL IN USING BLUE OR BLACK
INK ONLY. Where options are given, tick the relevant box. Leave no item
unanswered or un-ticked. If an item seems not applicable to the specific
application, you should indicate with block capitals N/A meaning Not
Applicable. Please ensure that all the required documents are enclosed and that
each separate sheet of information attached to the application corresponds to a
specific item in the application. All separate sheets of information must be on a
clean and clear A-4 paper.

60
The Petroleum (Wholesale, Storage, Retail And Consumer Installation
Operations)
GN. No. 380 (Contd.)

PART I: DETAILS OF THE APPLICANT

1. Name of Applicant (insert trading name), business address, telephone and fax numbers

(a) Name of the Applicant:……………………………….....


(b) Business address:
Street……........….Plot No........................................
Block No…..............Building No……........................
(c) Postal Address: .......................................................
(d) Telephone No: ........................................................
(e) Facsimile: .........................Cell Phone......................
(f) E-Mail: ..............................

2. Location and complete address of the proposed facility


(a) Location:
Street……........….Plot No.........................................
Block No…..............Building No…….........................
(b) Postal Address: ........................................................

3. Registration Status: (fill where appropriate)


(a) Certificate of Incorporation No…….........................……..
(b) Certificate of Compliance No……..........................………
(c) Business license No.……………...........................………...
(d) TIN No. .........................................................................
(e) VAT No.………………………...........................…………….

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Operations)
GN. No. 380 (Contd.)

4. Legal status of the Applicant:


Sole Proprietorship
Partnership
Public Limited Liability Company
Private Limited Liability Company
Parastatal Organisation
Government Agency
Cooperative Society
Joint Venture
Other (specify)...................................

5. Contact Person:
(a) Name: .....................................................
(b) Title: ........................................................
(c) Physical address:
Street…….......…Plot No….....…Block No…......….
Building No……...............
(d) Postal Address: .......................................
(e) Telephone Number: ................................
(f) Facsimile: ........................Cell phone: ...........................
(g) E-mail: ...................................................

6. Provide on a separate sheet information related to the Applicant where applicable:


Shareholding Arrangements
Director(s)
Members of the Board of Directors
Chief Executive Officer (where applicable)
7. If the applicant is in a Joint Venture with another entity, provide the following details:
(a) Name: .....................................................
(b) Title: ........................................................
(c) Physical address:
Street…….......…Plot No….....…Block No…......….
Building No……................
(d) Postal Address: .......................................

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(e) Telephone Number: ................................


(f) Facsimile: ...............................Cell phone: ...........................
(g) E-mail: ...................................................

8. Fee amount and method of payment:


(a) Amount: TZS………………..….................…….…....................
(b) Mode: Cash Cheque Other (specify)...................
(c) Fees Payment Receipt No. (Attach Copy).............................

PART II – TECHNICAL INFORMATION

9. Provide a detailed capacity of the intended facility:


TANK NO. Capacity (MSP) TANK TANK (K)
(AGO)
MSP

AGO

K
10. Nature of land possession for the intended facility
Owner……………..( Attach Title Deed)
or
Lease……………… (Attach lease agreement)

PART III – HEALTH, SAFETY AND ENVIRONMENT (HSE)

11. Attach with this application, as relevant, the following documents:

Environmental Impact Assessment Certificate


Engineering drawings duly signed by a registered engineer specifying:
(a) the number of tanks and loading gantries;
(b) the location and distances between building structures and facilities and
equipment;
(c) entry and exit;

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The Petroleum (Wholesale, Storage, Retail And Consumer Installation
Operations)
GN. No. 380 (Contd.)

(d) perimeter wall and property boundaries;


(e) location and identification of loading gantries; and
(f) that the engineering and design has been done in accordance with approved
specifications.
Other (Specify).......................................................

PART IV- LIST OF ENCLOSURES

12. Indicate below and where appropriate, the certified copies of, or extracts from, the
following documents the applicant is providing in this application:

Certificate of Registration
Certificate of Incorporation
Memorandum of Association
Articles of Association
Copy of Application Fee Receipt
JV contract
Extracts of the Certified Audited Accounts
Design and As-built Drawings
Approvals and Consents by relevant authorities
Lease agreement
Building Permit
Title Deed or any other authorisation approving use of land
Business license
Other (Specify).......................................................

PART VI – DECLARATION BY THE APPLICANT

13. I…...................…................... (insert name) being…….............................… (insert


title/position) hereby declare that I am authorised to make this application on behalf of
the applicant and that to the best of my knowledge the information supplied herein is
correct and that within a reasonable period of time after notice, I undertake to provide
whatever additional information EWURA may require in order to evaluate this
application.

SWORN/AFFIRMED at……………….. …..)


by the said……………….who is identified to )
me by……………./known to me personally ) ……………………
the latter being known to me personally this ) DECLARANT

64
The Petroleum (Wholesale, Storage, Retail And Consumer Installation
Operations)
GN. No. 380 (Contd.)

………day of …………………..2018 )

BEFORE ME:
__________________________
COMMISSIONER FOR OATHS

14.

F
O
R
M

3
.
2
:

APPLICATION FOR APPROVAL TO CONSTRUCT A DEPOT

For EWURA Use Only

65
The Petroleum (Wholesale, Storage, Retail And Consumer Installation
Operations)
GN. No. 380 (Contd.)

Date Received: File Number:

Time Received: Received by:

IMPORTANT NOTE: Please complete this form and submit it to the Director
General together with all relevant enclosures.

In order to avoid unnecessary delays, please answer all items in full and submit
to EWURA a complete form with all necessary enclosures. No application will
be processed until it has been found to be complete.

Once complete and ready for submission, FILL IN USING BLUE OR BLACK
INK ONLY. Where options are given, tick the relevant box. Leave no item
unanswered or un-ticked. If an item seems not applicable to the specific
application, you should indicate with block capitals N/A meaning Not
Applicable. Please ensure that all the required documents are enclosed and that
each separate sheet of information attached to the application corresponds to a
specific item in the application. All separate sheets of information must be on a
clean and clear A-4 paper.

PART I: DETAILS OF THE APPLICANT

1. Name of Applicant (insert trading name), business address, telephone and fax numbers
(a) Name of the Applicant:……………………………….....
(b) Business address:
Street……........….Plot No........................................
Block No…..............Building No……........................
(c) Postal Address: .......................................................
(d) Telephone No: ........................................................
(e) Facsimile: .........................Cell Phone......................
(f) E-Mail: ..............................

2. Location and complete address of the proposed facility

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Operations)
GN. No. 380 (Contd.)

(a) Location:
Street……........….Plot No.........................................
Block No…..............Building No…….........................
(b) Postal Address: ........................................................

3. Registration Status: (fill where appropriate)


(a) Certificate of Incorporation No…….........................……..
(b) Certificate of Compliance No……..........................………
(c) Business license No.……………...........................………...
(d) TIN No. .........................................................................
(e) VAT No.………………………...........................…………….

4. Legal status of the Applicant:


Sole Proprietorship
Partnership
Public Limited Liability Company
Private Limited Liability Company
Parastatal Organisation
Government Agency
Cooperative Society
Joint Venture
Other (specify)...................................

5. Contact Person:
(a) Name: .....................................................
(b) Title: ........................................................
(c) Physical address:
Street…….......…Plot No….....…Block No…......….
Building No……...............
(d) Postal Address: .......................................
(e) Telephone Number: ................................
(f) Facsimile: ........................Cell phone: ...........................
(g) E-mail: ...................................................

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Operations)
GN. No. 380 (Contd.)

6. Provide on a separate sheet information related to the Applicant where applicable:


Shareholding Arrangements
Director(s)
Members of the Board of Directors
Chief Executive Officer (where applicable)

7. If the applicant is in a Joint Venture with another entity, provide the following details:
(a) Name: .....................................................
(b) Title: ........................................................
(c) Physical address:
Street…….......…Plot No….....…Block No…......….
Building No……................
(d) Postal Address: .......................................
(e) Telephone Number: ................................
(f) Facsimile: ...............................Cell phone: ...........................
(g) E-mail: ...................................................
8. Fee amount and method of payment:
(a) Amount: TZS………………..….................…….…....................
(b) Mode: Cash Cheque Other (specify)...................
(c) Fees Payment Receipt No. (Attach Copy).............................

PART II – TECHNICAL INFORMATION

9. Provide a detailed description of the location and capacity of the intended facility:
................................................................................................
................................................................................................
................................................................................................
................................................................................................
............................. (Use additional sheet if necessary)

10. Provide a detailed description of ownership of the intended facility which shall include
the land to which such facilities are located.
................................................................................................
................................................................................................

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The Petroleum (Wholesale, Storage, Retail And Consumer Installation
Operations)
GN. No. 380 (Contd.)

................................................................................................
................................................................................................
............................. (Use additional sheet if necessary)

11. List and attach evidence of all required permits and consents issued by relevant
authorities:
Building Permit
Land Title
Business license
Certificate of incorporation
TIN certificate
Any other (specify)............................................

PART III – HEALTH, SAFETY AND ENVIRONMENT (HSE)

12. Attach with this application, as relevant, the following documents:


Environmental Impact Assessment Certificate
Engineering drawings duly signed by a registered engineer specifying:
(a) the number of tanks and dispensing pumps;
(b) the location and distances between building structures and facilities and
equipment;
(c) entry and exit;
(d) perimeter wall and property boundaries;
(e) location and identification of dispensing units including hose reach zone; and
(f) that the engineering and design has been done in accordance with approved
specifications.
Other (Specify).......................................................

PART IV- LIST OF ENCLOSURES

13. Indicate below and where appropriate, the certified copies of, or extracts from, the
following documents the applicant is providing in this application:

Certificate of Registration
Certificate of Incorporation
Memorandum of Association
Articles of Association

69
The Petroleum (Wholesale, Storage, Retail And Consumer Installation
Operations)
GN. No. 380 (Contd.)

Copy of Application Fee Receipt


JV contract
Extracts of the Certified Audited Accounts
Design and As-built Drawings

Approvals and Consents by relevant authorities


Relevant Contracts/Agreements
Building Permit
Title Deed or any other authorisation approving use of land
Business license
Other (Specify).......................................................

PART V – DECLARATION BY THE APPLICANT

14. I…...................….............. (insert name) being…….............................… (insert


title/position) hereby declare that I am authorised to make this application on behalf of
the applicant and that to the best of my knowledge the information supplied herein is
correct and that within a reasonable period of time after notice, I undertake to provide
whatever additional information EWURA may require in order to evaluate this
application.

SWORN/AFFIRMED at……………….. ….. )


by the said……………….who is identified to )
me by……………./known to me personally ) ……………………
the latter being known to me personally this ) DECLARANT
………day of …………………..2018 )

BEFORE ME:
__________________________
COMMISSIONER FOR OATHS

F
O
R
M

3
.

70
The Petroleum (Wholesale, Storage, Retail And Consumer Installation
Operations)
GN. No. 380 (Contd.)

APPROVAL TO CONSTRUCT A CONSUMER INSTALLATION FACILITY

For EWURA Use Only

Date Received: File Number:

Time Received: Received by:

IMPORTANT NOTE: Complete this form and submit it to the Director General
together with all relevant enclosures.

In order to avoid unnecessary delays, please answer all items in full and submit
to EWURA a complete form with all necessary enclosures. No application will
be processed until it has been found to be complete.

Once complete and ready for submission, FILL IN USING BLUE OR BLACK
INK ONLY. Where options are given, tick the relevant box. Leave no item
unanswered or un-ticked. If an item seems not applicable to the specific
application, you should indicate with block capitals N/A meaning Not
Applicable. Please ensure that all the required documents are enclosed and that
each separate sheet of information attached to the application corresponds to a
specific item in the application. All separate sheets of information must be on a
clean and clear A-4 paper.

PART I: DETAILS OF THE APPLICANT

1. Name of Applicant (insert trading name), business address, telephone and fax numbers
(a) Name of the Applicant:……………………………….....
(b) Business address:
Street……........….Plot No........................................

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The Petroleum (Wholesale, Storage, Retail And Consumer Installation
Operations)
GN. No. 380 (Contd.)

Block No…..............Building No……........................


(c) Postal Address: .......................................................
(d) Telephone No: ........................................................
(e) Facsimile: .........................Cell Phone......................
(f) E-Mail: ..............................

2. Location and complete address of the proposed facility


(a) Location:
Street……........….Plot No.........................................
Block No…..............Building No…….........................
(b) Postal Address: ........................................................

3. Registration Status: (fill where appropriate)


(a) Certificate of Incorporation No…….........................……..
(b) Certificate of Compliance No……..........................………
(c) Business license No.……………...........................………...
(d) TIN No. .........................................................................
(e) VAT No.………………………...........................…………….

4. Legal status of the Applicant:


Sole Proprietorship
Partnership
Public Limited Liability Company
Private Limited Liability Company
Parastatal Organisation
Government Agency
Cooperative Society
Joint Venture
Other (specify)...................................

5. Contact Person:
(a) Name: .....................................................
(b) Title: ........................................................

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Operations)
GN. No. 380 (Contd.)

(c) Physical address:


Street…….......…Plot No….....…Block No…......….
Building No……...............
(d) Postal Address: .......................................

(e) Telephone Number: ................................


(f) Facsimile: ........................Cell phone: ...........................
(g) E-mail: ...................................................

6. Provide on a separate sheet information related to the Applicant where applicable:


Shareholding Arrangements
Director(s)
Members of the Board of Directors
Chief Executive Officer (where applicable)

7. If the applicant is in a Joint Venture with another entity, provide the following details:
(a) Name: .....................................................
(b) Title: ........................................................
(c) Physical address:
Street…….......…Plot No….....…Block No…......….
Building No……................
(d) Postal Address: .......................................
(e) Telephone Number: ................................
(f) Facsimile: ...............................Cell phone: ...........................
(g) E-mail: ...................................................
8. Fee amount and method of payment:
(a) Amount: TZS………………..….................…….…....................
(b) Mode: Cash Cheque Other (specify)...................
(c) Fees Payment Receipt No. (Attach Copy).............................

PART II – TECHNICAL INFORMATION

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The Petroleum (Wholesale, Storage, Retail And Consumer Installation
Operations)
GN. No. 380 (Contd.)

9. Provide a detailed description of the location and capacity of the intended facility and
proof that there is no alternative supply of petroleum products in the area:
................................................................................................
................................................................................................
................................................................................................
................................................................................................
............................. (Use additional sheet if necessary)

10. Provide a detailed description of ownership of the intended facility which shall include
the land to which such facilities are located.
................................................................................................
................................................................................................
............................. (Use additional sheet if necessary)

11. List and attach evidence of all required permits and consents issued by relevant
authorities:
Building Permit
Land Title
Business license
Certificate of incorporation
TIN certificate
Any other (specify)......................................................................

PART III – HEALTH, SAFETY AND ENVIRONMENT (HSE)

12. Attach with this application, as relevant, the following documents:

Environmental Impact Assessment Certificate


Engineering drawings duly signed by a registered engineer specifying:
(a) the number of tanks and dispensing pumps;
(b) the location and distances between building structures and facilities and
equipment;
(c) entry and exit;
(d) perimeter wall and property boundaries;
(e) location and identification of dispensing units including hose reach zone; and
(f) that the engineering and design has been done in accordance with approved

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The Petroleum (Wholesale, Storage, Retail And Consumer Installation
Operations)
GN. No. 380 (Contd.)

specifications.

Other (Specify).......................................................

PART IV- LIST OF ENCLOSURES

13. Indicate below and where appropriate, the certified copies of, or extracts from, the
following documents the applicant is providing in this application:
Certificate of Registration
Certificate of Incorporation
Memorandum of Association
Articles of Association
Copy of Application Fee Receipt
JV contract
Extracts of the Certified Audited Accounts
Design and As-built Drawings
Approvals and Consents by relevant authorities
Relevant Contracts/Agreements
Building Permit
Title Deed or any other authorisation approving use of land
Business license
Other (Specify).......................................................

PART VI – DECLARATION BY THE APPLICANT

14. I…...................….................. (insert name) being…….............................… (insert


title/position) hereby declare that I am authorized to make this application on behalf of
the applicant and that to the best of my knowledge the information supplied herein is
correct and that within a reasonable period of time after notice, I undertake to provide
whatever additional information EWURA may require in order to evaluate this
application.

SWORN/AFFIRMED at……………….. ….)


by the said……………….who is identified to)
me by……………./known to me personally ) …………………...
the latter being known to me personally this ) DECLARANT
………day of …………………..20… )

BEFORE ME:
__________________________

75
The Petroleum (Wholesale, Storage, Retail And Consumer Installation
Operations)
GN. No. 380 (Contd.)

COMMISSIONER FOR OATHS

FOURTH SCHEDULE

(Made under rule 13)

APPLICATION FOR LICENCES

F
O
R
M

4
.
1

APPLICATION FOR PETROLEUM PRODUCT RETAIL BUSINESS


LICENCE

For EWURA Use Only

Date Received: File Number:

IMPORTANT NOTE: Complete this form and return it with all other relevant
enclosures to the Director General.

In order to avoid unnecessary delays, answer fully all items and submit to EWURA
all of the information required to consider this application. EWURA will not
process this application until it has been found to be complete.

76
The Petroleum (Wholesale, Storage, Retail And Consumer Installation
Operations)
GN. No. 380 (Contd.)

Where options are given, tick the relevant box. Leave no item unanswered or un-
ticked. If an item seems not applicable to the specific application, you should
indicate with block capitals N/A meaning Not Applicable. You should ensure that
all required documentation are enclosed and that each separate sheet of information
attached to the application corresponds to a specific item in the application.

PART I: DETAILS OF THE APPLICANT

1. Name of Applicant (insert trading name)

2. Registration Status: (fill where appropriate)

(a) Certificate of Incorporation No…….........................……


(b) Memorandum and Articles of Association (where applicable)

(c) Business license No.……………...........................…………….

(d) TIN No. ........................................................................

(e) VAT No.………………………...........................…………….


( attach copies of the documents applicable to you)

3. Physical and postal Address of the retail outlet:

(g) Physical address:

Street……........….Plot No.............

Block No…..............Building No…….........................

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Operations)
GN. No. 380 (Contd.)

(a) Postal Address: .........................................

(b) Telephone No: ..........................................

(c) Facsimile: ............................Cell Phone................................

(d) E-Mail: ......................................................

4. Legal status of the Applicant:


Sole Proprietorship
Partnership
Public Limited Liability Company
Private Limited Liability Company
Parastatal Organisation
Government Agency
Cooperative Society
Joint Venture
Other (specify)...................................

5. Contact Person:

(a) Name: .....................................................


(b) Title: ........................................................
(c) Physical address:
Street…….......…Plot No….....…Block No…......….
Building No……..............:
(d) Postal Address: .......................................
(e) Telephone Number: ................................
(f) Facsimile: .............................Cell phone: .............................
(g) E-mail: ...................................................

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Operations)
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6. Fee Amount and Method of Payment:

(a) Amount: TZS……….........…........................................…....

(b) Mode: Cash Cheque Other (specify)........................

(c) Fees Payment Receipt No. (Attach Copy).............................

PART II – TECHNICAL INFORMATION

7. Provide a detailed description of the capacity of the retail outlet facility:


................................................................................................
................................................................................................
................................................................................................
................................................................................................
............................. (Use additional sheet if necessary and attach the technical layout
drawing of the facility)

8. Provide a detailed description of ownership of the retail outlet facilities which shall
include the land to which such facilities are located.
................................................................................................
................................................................................................
................................................................................................
................................................................................................
............................. (Use additional sheet if necessary)

9. List and attach evidence of all required permits and consents issued by relevant
authorities:

Building Permit
Land Title
Business license
Certificate of incorporation
TIN certificate
Any other (specify)........................................................

PART III – HEALTH, SAFETY AND ENVIRONMENT (HSE)

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Operations)
GN. No. 380 (Contd.)

10. Attach with this application, as relevant, the following documents:

EIA certificate
OSHA certificate
Fire Certificate from the fire department
Other (Specify).......................................................

PA PART IV- COMMERCIAL DETAILS

11. Provide a list and attach copies of all relevant:

Contracts or Agreements.
Permits.
Memoranda of Understanding (if any) governing commercial transactions of
regulated goods and services.
Duly filled integrity pledge form
Joint Venture contract
Other (specify) .................................................................

PART V – DECLARATION BY THE APPLICANT

12.
I…...................…............. (insert name) being…….............................… (insert
title/position) hereby declare that I am authorised to make this application on behalf
of the applicant (insert the name of the applicant.....................................). I further
declare that to the best of my knowledge the information supplied herein is correct.

SWORN/AFFIRMED at……………….. ….. )


by the said……………….who is identified to )
me by……………./known to me personally ) ……………………
the latter being known to me personally this ) DECLARANT
………day of ……………201.......... )

BEFORE ME:
__________________________
COMMISSIONER FOR OATHS

80
The Petroleum (Wholesale, Storage, Retail And Consumer Installation
Operations)
GN. No. 380 (Contd.)

NOTE:
If this application form is completed electronically it must be printed out, signed
before a Commissioner for Oaths and submitted with the necessary supporting
documents to the EWURA Headquarter office or at Zonal Offices.

F
O
R
M

4
.
2

APPLICATION FOR PETROLEUM PRODUCTS WHOLESALE BUSINESS


LICENCE

For EWURA Use Only

Date Received: File Number:

IMPORTANT NOTE: Complete this form and return it with all other relevant
enclosures to the Director General.

81
The Petroleum (Wholesale, Storage, Retail And Consumer Installation
Operations)
GN. No. 380 (Contd.)

In order to avoid unnecessary delays, answer fully all items and submit to EWURA
all of the required information . You may submit your application electronically or
by delivering the same to EWURA offices. EWURA will not process this
application until it has been found to be complete.

Where options are given, tick the relevant box. Leave no item unanswered or un-
ticked. If an item seems not applicable to the specific application, you should
indicate with block capitals N/A meaning Not Applicable. You should ensure that
all required documentation are enclosed and that each separate sheet of information
attached to the application corresponds to a specific item in the application.

PART I: DETAILS OF THE APPLICANT

1. Name of Applicant:

2. Registration Status: (fill where appropriate)

(a) Certificate of Incorporation No…….........................……


(b) Memorandum and Articles of association (where applicable)

(c) Business licence number.......................

(d) TIN No. ........................................................................

(e) VAT No.………………………...........................…………….

(attach copies of the documents applicable to you)

3. Applicant’s Physical and Postal Address:


(a) Physical address:

Street……........….Plot No.............

Block No…..............Building No…….........................

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The Petroleum (Wholesale, Storage, Retail And Consumer Installation
Operations)
GN. No. 380 (Contd.)

(b) Postal Address: .........................................

(c) Telephone No: ..........................................

(d) Facsimile: ............................Cell Phone................................

(e) E-Mail: ......................................................

4. Legal status of the Applicant:


Partnership
Public Limited Liability Company
Private Limited Liability Company
Parastatal OrganiSation
Government Agency
Cooperative Society
Other (specify)...................................

5. Contact Person:

(a) Name: .....................................................


(b) Title: ........................................................
(c) Physical address:
Street…….......…Plot No….....…Block No…......….
Building No……..............:
(d) Postal Address: .......................................
(e) Telephone Number: ................................
(f) Facsimile: .............................Cell phone: .............................
(g) E-mail: ...................................................

6. Fee Amount and Method of Payment:

83
The Petroleum (Wholesale, Storage, Retail And Consumer Installation
Operations)
GN. No. 380 (Contd.)

(a) Amount: TZS……….........…........................................…....

(b) Mode: Cash Cheque Other (specify)........................

(c) Fees Payment Receipt No. (Attach Copy).............................

PART II: APPLICANT’S FINANCIAL DETAILS

7. Provide proof of financial capability which is either:

a bank guarantee or credit facility of not less than one billion and five hundred
million Tanzania Shillings or equivalent in convertible currency;
a deposit bank statement showing a credit balance of not less than one billion and
five hundred million Tanzania Shillings or equivalent in convertible currency at a
bank or financial institution licensed by the Bank of Tanzania to act as such;
an unequivocal letter of comfort from a financial institution or a bank that confirms
that the bank or the financial institution shall extend a facility to the applicant for
the amount of not less than one billion and five hundred million Tanzania Shillings
or equivalent in convertible currency;
an audited financial statement showing annual gross turn over of not less than
three billion and six hundred million Tanzania Shillings or equivalent in
convertible currency.

8. Attach the Applicant’s Business Plan which shall include:


(a) Applicant’s proposed investment over the next five year (if any);and

(b) Source of funding for the proposed investments.

9. Describe the applicant’s principal business activity


..............................................................................................................................................
...............................................................................................................................................
..............................................................................................(Use additional sheet if
necessary)

PART IV – TECHNICAL INFORMATION

10. (a) Indicate the purpose(s) of the licence applied:

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Operations)
GN. No. 380 (Contd.)

Domestic
Transit
Other (Specify)......................................

(b) Indicate possession of the following with supporting documents as appropriate:


Possession of storage depot or hospitality agreement another licensee; and
Possession of adequate skilled personnel.

11. Provide a detailed description of a list of ports of entry and exit through which you
intend to import, or export petroleum products as the case may be.
................................................................................................
................................................................................................
................................................................................................
................................................................................................
............................. (Use additional sheet if necessary)

12. (a)Provide a detailed description of the location and capacity of the storage facilities:
................................................................................................
................................................................................................
................................................................................................
................................................................................................
............................. (Use additional sheet if necessary)

(b) If the facility is owned by the applicant, provide the technical drawings of the
facility

13. Provide a detailed description of ownership of the storage facilities which shall include
the land to which such facilities are located and in case of shared facilities the basis for
such sharing.
................................................................................................
................................................................................................
................................................................................................
................................................................................................
............................. (Use additional sheet if necessary )

14. List and attach evidence of all required permits and consents issued by relevant
authorities:

Land Title No...................................


Other (specify)................................

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Environmental Impact Assessment Certificate


Environmental Audit Report

PART V – HEALTH, SAFETY AND ENVIRONMENT (HSE)

15. Attach with this application, as relevant, the following documents:

EIA certificate
Emergency Response Plan
Fire Certificate from the Fire Authority
OSHA Certificate
Other (Specify).......................................................

PART VI- COMMERCIAL DETAILS

16. Indicate the intended market for the licensed goods and/or services:

Bulk Supplies
Retail Supplies
Transit
Leasing Assets
Other (specify)...............................

17. Provide a list and attach copies of all relevant:

Contracts or Agreements
Permits
Memoranda of understanding (if any) governing commercial transactions of
regulated goods and services.

18. Attach to this application either the existing or the proposed Customer Service Charter
(if any).

PART VII- LIST OF ENCLOSURES

19. Indicate below the document enclosed and where appropriate enclose the certified
copies of or extracts from the documents:

Memorandum and Articles of Association


Certificate of compliance

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Certified copy of business licence


Copy of Application Fee Receipt
Certified copies of TIN & VAT Certificates
Extracts of the Certified Audited Accounts
Certified copy of Audited accounts
Bankers’ guarantee/letter of comfort/bank statement showing financial capability
Business Plan
Design and As-built Drawings
Process Flow Diagram
Environmental and Socio Impact Assessment Study Report
Emergency Response Plan
Health and Safety Policy
Approvals and Consents by relevant authorities
Relevant Contracts/Agreements
Current or proposed Customer Service Charter

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PART VIII – DECLARATION BY THE APPLICANT

20.
I…...................…...................... (insert name) being…….............................… (insert
title/position) hereby declare that I am authorised to make this application on behalf
of the (insert the name of the applicant...........................................). I further declare
that to the best of my knowledge the information supplied herein is correct.

SWORN/AFFIRMED at……………….. ….. )


by the said……………….who is identified to )
me by……………./known to me personally ) ……………………
the latter being known to me personally this ) DECLARANT
………day of ……………20....... )

BEFORE ME:
__________________________
COMMISSIONER FOR OATHS

NOTE:
If this application form is completed electronically it must be printed out, signed
before a Commissioner of Oaths and submitted with the necessary supporting
documents to the EWURA Headquarter office or at Zonal Offices.

F
O
R
M

4
.
3

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APPLICATION FOR CONSUMER INSTALLATION FACILITY LICENCE

For EWURA Use Only

Date Received: File Number:

IMPORTANT NOTE: Complete this form and return it with all other relevant
enclosures to the Director General.

In order to avoid unnecessary delays, answer fully all items and submit to
EWURA all of the required information. You may submit your application
electronically or by delivering the same to EWURA offices. EWURA will not
process this application until it has been found to be complete.

Where options are given, tick the relevant box. Leave no item unanswered or un-
ticked. If an item seems not applicable to the specific application, you should
indicate with block capitals N/A meaning Not Applicable. You should ensure
that all required documentation are enclosed and that each separate sheet of
information attached to the application corresponds to a specific item in the
application.

PART I: DETAILS OF THE APPLICANT

1. Name of Applicant (insert trading name)

2. Registration Status: (fill where appropriate)

(a) Certificate of Incorporation No…….........................……


(b) Memorandum and Articles of Association (where applicable)

(c) Business license No.……………...........................…………….

(d) TIN No. ........................................................................

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(e) VAT No.………………………...........................…………….


(attach copies of the documents applicable to you)

3. Applicant's physical and postal Address:

(a) Physical address:

Street……........….Plot No.............

Block No…..............Building No…….........................

(b) Postal Address: .........................................

(c) Telephone No: ..........................................

(d) Facsimile: ............................Cell Phone................................

(e) E-Mail: ......................................................

4. Legal status of the Applicant:


Sole Proprietorship
Partnership
Public Limited Liability Company
Private Limited Liability Company
Parastatal Organisation
Government Agency
Cooperative Society
Joint Venture
Other (specify)...................................
5. Contact Person:

(a) Name: .....................................................


(b) Title: ........................................................
(c) Physical address:
Street…….......…Plot No….....…Block No…......….

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Building No……..............:
(d) Postal Address: .......................................
(e) Telephone Number: ................................
(f) Facsimile: .............................Cell phone: .............................
(g) E-mail: ...................................................

6. Provide on a separate sheet information related to the Applicant:

Shareholding Arrangements
Director (s)
Members of the Board of Directors
Chief Executive Officer (where applicable)
7. Nature of Business the Applicant is dealing with:

Commercial or industrial undertaking


Government Store
Agricultural farm
Mines
Any other entity having a contract with institutions mentioned herein above
to supply petroleum products to those institutions

8. If the applicant is in a Joint Venture with another entity, provide the following
details:

(a) Name: .....................................................


(b) Title: ........................................................
(c) Physical address:
Street…….......…Plot No….....…Block No…......….
Building No……..............:
(d) Postal Address: .......................................
(a) Telephone Number: ................................
(b) Facsimile: ...............................Cell phone: ...........................
(c) E-mail: ...................................................

9. Fee Amount and Method of Payment:

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(a) Amount: TZS……….........…........................................…....

(b) Mode: Cash Cheque Other (specify)........................

(c) Fees Payment Receipt No. (Attach Copy).............................

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PART II – TECHNICAL INFORMATION

10. Provide a detailed description of the capacity of the facility:


................................................................................................
................................................................................................
................................................................................................
................................................................................................
............................. (Use additional sheet if necessary and attach the technical
layout drawing of the facility)

11. Provide a detailed description of ownership of the facility which shall include the
land to which such facilities are located.
................................................................................................
................................................................................................
................................................................................................
................................................................................................
............................. (Use additional sheet if necessary)

12. List and attach evidence of all required permits and consents issued by relevant
authorities:

Building Permit
Land Title
Business license
Certificate of incorporation
TIN certificate.
Any other. (specify) ......................................................................................

PART III – HEALTH, SAFETY AND ENVIRONMENT (HSE)

13. Attach with this application, as relevant, the following documents:


EIA Certificate
OSHA Certificate
Fire Certificate from the Fire Department
Other (Specify).......................................................

PART IV- COMMERCIAL DETAILS

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14. Provide a list and attach copies of all relevant:

Contracts or Agreements.
Permits.
Memoranda of understanding (if any) governing commercial transactions of
regulated goods and services.
Duly filled integrity form
Joint Venture contract
Other (specify)............................................................................

PART V – DECLARATION BY THE APPLICANT

15.
I….....................................................….. (insert name)
being…….............................… (insert title/position) hereby declare that I am
authorised to make this application on behalf of the applicant (insert the name
of the applicant.....................................). I further declare that to the best of my
knowledge the information supplied herein is correct.

SWORN/AFFIRMED at……………….. ….. )


by the said……………….who is identified to )
me by……………./known to me personally ) ……………………
the latter being known to me personally this ) DECLARANT
………day of ……………201.................. )

BEFORE ME:
__________________________
COMMISSIONER FOR OATHS

NOTE: If this application form is completed electronically it must be printed out,


signed before a Commissioner of Oaths and submitted with the necessary
supporting documents and submitted to the EWURA Headquarter office or at
Zonal Offices

_________
FIFTH SCHEDULE
_________
(Made under rule 13(2))
_________

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CORPORATE INTEGRITY PLEDGE

1. We ……………………………………. do believe that, unethical


business practices and corruption have been one of the biggest
impediments to sustainable economic growth and prosperity in Tanzania
and have been eroding public confidence in the Government and its
institutions ability to serve its citizen fairly;
2. As a company involved in petroleum activities in Tanzania, we
acknowledge our responsibility to ensure good governance because it is
necessary for continued growth and business sustainability. We also
acknowledge the importance of conducting our business with the highest
standards of transparency, ethics and integrity;
3. While the Government and the Prevention and Combating of Corruption
Bureau (PCCB) have their own initiatives for reducing corruption and
other unethical practices, we realize that those initiatives cannot succeed
without individual and collective commitment from business community
to level the playing field and to build integrity in the business
environment.
4. In view of the foregoing, we pledge the following:
(a) not, through any of our employees, representatives or agents, to
involve in any form of bribery, corruption whether direct or
indirect or unethical behavior in whatever form;
(b) to clearly communicate with all employees and business partners
about stance on fighting all forms of bribe, corruption and other
unethical behavior in whatever form;

(c) to maintain and share with our employees the code of conduct
which will be a guide in executing our daily business operations in
order to comply with high ethical standards of conduct and anti-
corruption laws;

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(d) to conduct regular training on anti-bribery and anti-corruption to


our employees and business partners in order to ensure that they
are updated and knowledgeable of the Company’ s policy in
implementing this pledge;
(e) to conduct integrity risk assessment that will help to identify
corruption risks inherent in business operations and apply effective
measures;
(f) to maintain appropriate financial reporting mechanisms that are
accurate and transparent;
(g) to enter into integrity pacts with business partners and government
agencies when dealing with procedures related to the bidding and
procurement of supplies, materials, equipment, and construction;
(h) to maintain channels by which employees and other stakeholders
can raise ethical concerns and report suspicious circumstances in
confidence without risk of reprisal, and a designated officer will be
tasked with investigating all reports received and taking
appropriate action;
(i) to refrain from engaging in business with parties who have
demonstrated unethical business practices;
(j) not to engage in any arrangements that undermines or is
prejudicial to the national security; and
(k) to maintain a proper insurance cover against losses, injuries or
damage to environmental, communities, individual and properties
that may be occasioned in the course of carrying business.
5. To ensure collective action in preventing any unethical and corrupt
behavior and the highest standards of ethics, integrity and transparent in
business transactions in Tanzania, we commit to:
(a) support a nationwide initiative intended to create fair market
conditions, transparency in business transactions, and ensure good
corporate governance;
(b) participate in roundtable discussions, meetings, and forum to
identify the key concerns and current problems affecting the

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private sectors related to integrity and transparency in business


transactions;
(c) share the international best practices, tools and concepts which are
intended to be used by all participating entities to achieve the goals
of the nationwide integrity behavior initiative;
(d) participate in the creation of key measures and control activities
intended to ensure transparency, integrity and ethical business
practice;
(e) support the development of an audit and certification program
(including a training program for advisers and auditors) that will
offer a toolbox for enterprises to introduce and implement ethical
practices in their business processes; and institutionalize the whole
process to promote sustainability of the integrity initiative.
6. To confirm our commitment to this pledge, we hereby commit ourselves
as a company and individuals to be bound in all aspects by this integrity
pledge and shall be responsible for all the consequences which may
result to non-compliance to this pledge.
7. To fight any form of corruption practices whereby zero tolerance action
will be taken against any employee, staff or other person involved in
corruption in relation to the business, regardless of position and status;
8. To report any corrupt or unethical practices that occur in the business
place to the appropriate Authority;
9. We shall also ensure that our employees and agents comply with this
pledge and in any event of non-compliance we commit ourselves to be
responsible for their action.

Signed by ……………………………………… for and on behalf of


…………………………………………………. this ……… day
of ……………………..……….. [201…….]

Signature …………………………….……….
Designation:………………………..………….

Witness

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Name:…………………………………………
Signature:…………………………..…………
Designation:……………………………………

__________
SIXTH SCHEDULE
__________

(Made under rule 17 (2))


___________

APPLICATION FOR TRANSFER OF A LICENCE

This section to be completed by the Current holder of the licensee

Current Licensee to complete as appropriate

Licensee’s name

Name and address of the


Transferor

Reason for transfer (attach


documentary proof)

Address of the Licensed Facility

Postcode Tel No.

Email

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Licence Particulars Type of Licence:

Licence No:

Licence Duration:

Expiry Date:

I agree to the transfer of the licence to the applicant(s) below:

Name and Date:


physical
Address of the
Transferee :

Business Position:
Organisation
(Sole
proprietor,
Company,
Partnership)

Date: Company Seal


Principal
Officer (only if
the transferee is Signature:
a company or
partnership)

1.

Names of 2.
Partners or
3.
Shareholders

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4.

5.

6.

7.

This section to be completed by the Applicant(s)

1. I the undersigned, being the new occupier of the premises detailed in the application, hereby
apply for the transfer of the current licence and I hereby declare that the information stated herein
in regard to the transferee is true to the best of my knowledge.
2. In the event of a licence being transferred:
(a) I agree to abide by the conditions laid down by EWURA and applicable laws, and not to alter
in any way the approved arrangements of the premises without the written approval of
EWURA, nor use the said premises for any other purpose than those prevailing at the time
the licence is transferred;
(b) the licence shall have the like effect in all respects as if no transfer had been made; and
(c) all duties and responsibilities that were to be fulfilled by the transferor are automatically
shifted to the transferee as if no transfer was made.

Date

Signed: Position:

Print Name

Ownership of the site comprising the licensed facility.


If the transferor is not the owner of the site (i.e. a tenant), enter below the
name and address of the owner or owners, as the case may be:

Details Transferor to complete if applicable

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Name (of
owner)

Address:

Post Code Tel No.

Email

Fee TZS ....... Payable to: EWURA Account:


01J1022244000; CRDB Holland Branch.

Notes

1. The applicant(s), (if an individual person or partnership) must be over


18 years of age.
2. By signing the form, both the transferee and transferor declare that they
are authorised to make this application and that the information
supplied there herein is correct.

3. This application together with the appropriate fee, should be forwarded


to the Director General, EWURA at 7TH Floor, LAPF Pension Fund
Tower, Opposite Makumbusho Village, Kijitonyama, P.O Box 72175,
Dar es Salaam.

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The application should be attached with the following documents:


1. The original copy of a valid EWURA licence in respect of the
linsenced facility;
2. Certified copy of tax Clearance in respect of the linsenced facility;
3. Lease/ Sale agreement stamp duty paid;
4. Company Registration documents;
5. Transfer document (in case the type of transfer is by transmission i.e
death or order of the Court)
6. Proof of payment of transfer application fee; and
7. Any other document that will be required at the time of transfer.

________

SEVENTH SCHEDULE
________

(Made under rule 20 (2))


_________

APPLICATION FOR RENEWAL OF A LICENCE

For EWURA Use Only

Date Received: File Number:

Time Received: Received by:

IMPORTANTNOTE: Complete this form and return it with all other relevant
enclosures to the Director General.

In order to avoid unnecessary delays answer fully all items and submit to
EWURA all of the information required to consider this application.
EWURA will not process this application until it has been found to be
complete.

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When completing this form, FILL IN USINGBLUEOR BLACKINKONLY.


Where options are given, tick the relevant box. Leave no item un answered or un-
ticked. If an item seems not applicable to the specific application, you should
indicate with block capitals N/A meaning Not Applicable. You should ensure
that all required documentation is enclosed and that each separate sheet of
information attached to the application corresponds to a specific item in the
application. Where there is a requirement to provide documentation on a separate
sheet, it must be on clean, clearA-4 paper.

PART I:DETAILS OFTHEAPPLICANT

1. Name of Applicant (insert trading name)

2. Registration Status:(fill where appropriate)

(a) Certificate of Incorporation No……...............................

(c) Certificate of Compliance No……..................................

(d) Business license No.……………...........................……

(e) TIN
No..............................................................
....................

(f) VAT No. ……………

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3. outlet:
Address of retail

(a)Physical address: Street……........….Plot No..........................

Block No…..............Building No…….................

(b) Postal Address: .........................................

(c)Telephone No:..........................................

(d)Facsimile: ............................Cell Phone................................

(e)E-Mail: ......................................................

Legal status of the Applicant:


Sole Proprietorship
Partnership
Public Limited Liability Company
Private Limited Liability Company Parastatal
Organisation Government Agency
Cooperative Society
Joint Venture
Other (specify).................................................................

5. Contact Person:

(a)Name:................................................
(b)Title:..................................................
(c)Physical address:
Street…….......…Plot No….....…Block No…......….
Building No……..............:
(d)PostalAddress: .......................................
(e)TelephoneNumber: ........................................
(f)Facsimile: .............................Cell phone:.............................
(g)E-mail: ...................................................

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6. Current Licence details

Licence No. …………………………….

Date Issued……………………………..

Expiry Date……………………….……

7. Has the licensee undergone any material changes (structural,


legal, managerial or related to the service supplied) since its
previous application?

Yes – If yes, provide details)..................................................


.................................................................................................
................................................................................................
.................................................(Use additional sheet if
necessary)

No.

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8. Fee amount and method of payment:

(a) Amount: TZS………………..….................…

(b) Mode:

Cash Cheque Other (specify)...................

(c) Fees Payment Receipt No.................... (Attach

Copy)...........................

PART II– DECLARATIONBY THEAPPLICANT

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9. I…...................….. (insert
name)being…….............................… (insert title/position)
hereby declare that I am authorised to make this application
on behalf of the applicant and that to the best of my knowledge
the information supplied herein is correct and that within a
reasonable period of time after notice, I undertake to provide
whatever additional information EWURA may require in order
to evaluate this application.

SWORN/AFFIRMED at……………….. …..


by the said……………….who is identified to
me by……………./known to me personally
…………………………
the latter being known to me personally this
DECLARANT
………dayof……………20... .....................

BEFOREME:

COMMISSIONER FOR OATHS

Dodoma, NZINYANGWA E. MCHANY


.….…., 2018 Director General Energy and Water Utilities
Regulatory Authority

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